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(영문) 대전지방법원 2016.08.18 2015구합334
입찰참가자격제한처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company that conducts software development service business, wholesale and retail business of weather measuring instruments, and information and communications construction business, and Plaintiff B is the representative director of the Plaintiff Company.

B. The Korea Meteorological Industry Promotion Agency (hereinafter “C Project”) implemented the instant First Project (hereinafter “C Project”). On August 25, 2010, the Plaintiff Company and the Defendant concluded a contract with respect to the instant First Project with the following content (hereinafter “the instant First Project Contract”).

For end-user institutions: The name of the Korea Meteorological Industry Promotion Agency: the time limit for the delivery of weather observation equipment: 2,560,000 won on January 2, 201

C. The Korea Meteorological Administration and the Organizing Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter “instant projects”) implemented the “D Project” (hereinafter “instant projects”). On June 20, 2013, the Plaintiff Company and the Defendant concluded a contract on the part of the instant projects under the following terms (hereinafter “instant projects”) with respect to the instant projects:

For end-user institutions: The name of the National Information Society Agency: 86,000,000 won on November 30, 2013: the contract amount of 886,000 won

D. On November 23, 2013, from around December 24, 2013 to December 24, 2013, the Board of Audit and Inspection conducted a “public service corruption inspection, such as the Korea Meteorological Administration,” and on June 13, 2014, with respect to the instant title 1 project to the Korea Meteorological Industry Promotion Agency, the following instant title 2 project constitutes an information and communications construction project prescribed by the Information and Communications Construction Business Act, and the Korea Meteorological Administration, as the supervising agency for the instant title 2 project, supervised the said project

The Information and Communication Construction Business Act provides that “A construction business operator shall obtain written consent from the employer when he/she intends to subcontract part of the contracted construction work to another construction business operator.”

The Act on Contracts to Which the State is a Party (hereinafter referred to as the “State Contract Act”).

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