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(영문) 서울행정법원 2017.09.22 2016구합74750
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 (phc files).

B. The Korea Primary concrete Industry Cooperatives (hereinafter “the instant cooperatives”) consists of 17 companies, including the Plaintiff who produces phc files (including the Plaintiff, Dongjin Industry Co., Ltd., Sungdong Industries Co., Ltd., Phcam, Seosan Co., Ltd., Seowon file Co., Ltd., Ltd., Ilam Industry Development Co., Ltd., Ltd., Ltd., order-based file file companies, Simsan Industry Development Co., Ltd., Ltd., Simsan Co., Ltd., Ltd., Ltd., Simsan Industries Co., Ltd., Ltd., Ltd., Ltd., Ltd., Samsung C&M Co., Ltd., Ltd., Ltd., Inc., Ltd., and Twedo Holdings Holdings Inc., Ltd., Ltd., Ltd., and individual companies are named as “stock companies

C. On July 1, 2016, the Plaintiff: (a) in collusion with the executive officers of the instant association, the representative director of the instant member company, or the person in charge of tendering affairs, etc. on the part of the Seoul Central Public Prosecutor’s Office (hereinafter “the Plaintiff”) on July 1, 2016, the Plaintiff: (b) designated a successful bidder in advance with the instant association and its member companies from July 201 to May 24, 2016; (c) designated a successful bidder in advance; and (d) deposited the price at a higher price than the pre-determined bid; and (d) the other company is to be awarded a successful bidder in a way that does not participate in the relevant tender; or (e) failed to select a successful bidder in an intentional bid, single bid, or a person in charge of tendering affairs; and (e) ordered the ordering agency to enter into the contract by a negotiated contract and then ordered the specific company to convert the contract method into the contract method by a negotiated contract (hereinafter “the instant collusion”).

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