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Reasons
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(영문) 부산고등법원(창원) 2015.05.20 2014누11314
부정당업자 제재처분 등
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that carries on the business of electrical construction, information and communications construction, broadcasting equipment, steves, and security camera manufacture and supply.

The title: Before the closing date for the submission of tender documents on November 22, 2013: At the closing date for the submission of tender documents on November 25, 2013: (i) the date and place of tender 09:30 on November 25, 2013: The PC budget amount of the tender execution officer (including value-added tax) KRW 64,049,812 (including value-added tax): The delivery period for the execution officer: 64,049,812 on May 30, 2014: the electronic bid (total amount) method:

B. On November 18, 2013, the finance officer of the Navy issued a public notice of the bid by means of general competitive bidding (hereinafter “instant bid”) as follows with respect to the purchase of reflectors and antenna 1EA (hereinafter “instant goods”).

C. On November 22, 2013, the Plaintiff registered a bid with the bid price of KRW 55,300,000 for the instant bidding, and submitted a tender on November 25, 2013.

The bid of this case participated by two companies, including the Plaintiff and STX Engine, KTX LLC, and the Plaintiff submitted the bid price of KRW 55,300,000, which was lower than the bid price of KRW 57,200,000, which was submitted by the STX engine as the bid price according to the lowest bid price system.

On December 5, 2013, the Plaintiff submitted to the Maritime Headquarters a letter of waiver of the contract for the purchase of the instant goods.

The reason is that the goods of this case are special goods that were produced with monopolys from the STX engine, and that the STX engine demanded the Plaintiff to excessively demand the sales amount of the goods of this case to KRW 57,331,228, and thus, they cannot be delivered.

E. On December 5, 2013, the finance officer of the Navy issued a second bidding notice on the instant case’s purchase of goods, but the bidding was completed on December 12, 2013 without the presence of the bidders.

the same shall apply.

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