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(영문) 서울행정법원 2017.04.13 2017구합58625
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting the participation in a tendering procedure for six months against the Plaintiff on March 16, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company for the purpose of food material distribution business, etc.; each A High School (hereinafter “instant school”) around December 1, 2014 and March 31, 2015; and each contract for the supply of food materials (the respective contract term from around December 1, 2014 to February 4, 2015; and from April 1, 2015 to April 27, 2015 (each “the primary supply contract” and “the second supply contract of this case”; and each of the supply contracts of this case shall be referred to as “each of the instant supply contracts” when each of the contracts is complied with.

2) The Plaintiff entered into a contract

B. On February 2, 2015, the dietitian B of the instant school confirmed that KRW 6,945,290 remain as a result of the settlement of expenditure, such as income and food expenses, and personnel expenses, such as meal service cost during the period of the instant first supply contract.

B around that time, the Plaintiff and B deposited the above money into the Plaintiff’s account, and the Plaintiff agreed to handle the said money in such a way that the Plaintiff supplied food materials at the Plaintiff’s request and settled it with the price or pays it as expenses related to the meal service.

C. Around that time, the Plaintiff issued a tax invoice including the amount of KRW 100km total of KRW 6,945,290, which was not actually supplied to the school of this case, and received money corresponding thereto.

In addition, the Plaintiff received money equivalent to KRW 4,00,000,00 from the end of April 2015 through a similar method, with regard to the difference between B and the second supply contract period in the same manner.

At the request of B from June 2015 to November 2016, the Plaintiff settled or paid to B the sum of the above sum of KRW 10,945,290 as follows:

On the other hand, the Plaintiff returned 4,325,895 won (i.e., 10,945,290 won - 5,483,465 won - 1,135,930 won) on the side of the instant school from February 2, 2017, after the investigation was conducted as a matter of the aforementioned method.

The sum of the details of temporary use on December 22, 2015 to November 15, 2016, the settlement of 5,483,465 won as the supply price of food materials from June 4, 2015 to June 4, 2015.

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