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(영문) 서울행정법원 2017.10.19 2016구합74330
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that produces and sells high strength concrete files (PHC files). The Plaintiff is a corporation that runs the business of producing and selling high strength concrete files.

B. B (hereinafter “instant partnership”) consists of 17 companies including the Plaintiff producing the PHC file (the Plaintiff, C, D, E, E, F, G, H, I, Limited Liability Company, J,K, L Co., Ltd., Ltd., M Co., Ltd., Ltd., N Co., Ltd., Ltd., P Co., Ltd., P, P, P, P, Q, Co., Ltd., Ltd., Ltd., and individual companies are comprised of “stock company” and “limited liability company,” respectively.

C. On July 1, 2016, S, the Plaintiff’s representative director, in collusion with the executives of the instant association, the representative director of the instant member company, or a person in charge of tendering affairs, etc., and, from July 1, 2011 to March 31, 2016, with respect to the purchase of government-grade PHC files between the instant association and member companies, prior to designating a successful bidder (association or individual member companies) and a person who is scheduled to award a successful bid, the Plaintiff’s prior bid was reflected in the bid price at a higher price than this advance bid price, and the remaining company was required to be awarded a successful bid in a manner that does not participate in the relevant bid, or to prevent the selection of a successful bidder by intentionally responding to the bid, single bid, or excess of the estimated bid price, caused the person awarding the contract to enter into a negotiated contract by a negotiated contract, thereby inducing a specific company to be converted into the contract method, and then, the bid price was derived from 3606,36365,79.

b) the Commission;

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