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(영문) 서울행정법원 2014.07.11 2013구합59255
부정당업자 제재처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On January 18, 2008, the Public Procurement Service publicly announced a bid for 2,3 construction works prior to the construction site of the Gu and the self-water intake method (hereinafter referred to as the "tender for 2 sections", and the "tender for 3 sections", and the "tender for 3 sections", each bid is combined.

The representative director B of the corporation A (hereinafter referred to as the "stock company") was unable to independently participate in the instant bidding due to the lack of acceptance results, and around February 2008, in the case of the two sections bidding in the manner that the C business head D and E representative director F in the office of C and the so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called the

B, as a result, the cooperation of 11 companies (SSS construction, large-scale company development, solar development development, triyang construction, west construction, new co-operation, china construction, new technology development, indigenous co-operation, Korea-U.S.ex, and seamen industry), and C respectively led to the cooperation of 4 companies (Plaintiffs, SSSS construction, solar construction, mutually advantageous construction, etc.) including the Plaintiff.

Therefore, the 17 companies including the Plaintiff (the above 11 companies that led the cooperation of C, E, and B, and the above 4 companies that led C to their cooperation. A did not directly participate in the bidding) was reflected in the tender statement prepared by the head of the business department of C, the bidding date of April 1, 2008, as a result, C was selected as a successful bidder.

In addition, on April 2, 2008, 2008, the 17 companies, including the plaintiff, were selected as successful bidder by E, even though the bidding was conducted by the above methods.

The Fair Trade Commission decided February 9, 2012, "A, C, and E agreed to receive a successful bid in two sections bidding around February 2, 2008, and "A, C, and E" in three sections bidding around February 2, 2008. The 15 companies, including the Plaintiff, agreed to receive a successful bid at the request of A or C on March 2008, and then implement them.

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