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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 company running the electric construction business, etc., and the Defendant is a quasi-governmental institution under the Act on the Management of Public Institutions established for the purpose of developing electric resources under the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”).
B. On December 29, 2010, the Plaintiff entered into a contract with the Defendant for a cooperative company for power distribution works (hereinafter “instant contract”) with the amount of KRW 6,596,00 with respect to the high-tensionC construction at the Han River Branch B in the year 2011 (hereinafter “instant construction”). From January 1, 2011 to December 31, 2012, the Plaintiff entered into a contract with the Defendant for power distribution works with the amount of KRW 3,650,01,000 with respect to the estimated contract amount of KRW 3,650,000.
C. On August 31, 2015, the Defendant rendered a disposition to the Plaintiff on the ground that “the Plaintiff offered a bribe related to the performance of the instant contract (17,060,000 won)” (amended by Ordinance of the Ministry of Strategy and Finance No. 288, Jun. 13, 2012; hereinafter “former Rules on Contract Affairs”); Article 15 of the former Rules on Contracts to Which the State is a Party (amended by Act No. 11547, Dec. 18, 2012; hereinafter “former State Contracts Act”); Article 27 of the former Rules on Contracts to Which the State is a Party; hereinafter “former State Contracts Act”); Article 76(1)10 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 24601, Jun. 17, 2013; hereinafter “former Enforcement Decree of the State Contracts Act”); Article 76(1)212(c) of the Enforcement Decree of the same Act from the date of the State Contracts Act;
On the other hand, C, the vice president of the Plaintiff, at the Gwangju District Court (2015 high-tension 10, Jun. 19, 2015), settled the amount to be collected based on the monthly execution notification status of B branch A and D while executing overall construction of the instant construction, and settled the amount to be collected based on the monthly execution status of B branch A and D, and sees the convenience of construction from January 201 to February 2012, 201, and 2,9250,000 won to E (B branch's power supply team) who is an employee of the Defendant from January 2, 201 to February 201, 201.