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(영문) 대구지방법원 2015.04.08 2014구합20881
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition to suspend the participation of the Plaintiff on April 15, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development of electric resources for business purposes, and was changed to a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Public Institutions Operation Act.

B. The Plaintiff entered into a contract with the Defendant for the original maintenance work every year as an original maintenance business entity and has maintained the Defendant’s original vision.

C. The Plaintiff submitted two copies of the non-destructive test report (hereinafter “the non-destructive test report of this case”) and one copy of the material test report (hereinafter “materials test report of this case”) from April 8, 2012 to April 25, 2012, which were forged as indicated below, to the Defendant.

(1) The non-destructive testing report (1) No. 1 international non-destructive testing report on April 18, 201 (2) 1 international non-destructive testing (4) international non-destructive testing (2) international non-destructive testing (4) international non-destructive testing (4) 528,00 won and D gas pocket E on March 24, 2012, 201.

D. The Defendant: (a) on the ground that the Plaintiff constitutes “a person who submitted forged documents concerning contracts” and (b) on January 15, 2014, notified the Plaintiff of the prior disposition on April 15, 2014; (c) Article 39 of the Public Institutions Operation Act; (d) Article 15 of the former Rules on Contracts to Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 288, Jun. 13, 2012; hereinafter “Rules on Contracts to Public Corporations”); (d) Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 23801, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contracts Act”); and (d) Article 76 of the Enforcement Rule of the same Act.

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