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(영문) 서울고등법원 2015.08.18 2015누35262
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance, except in cases where part of the reasoning of the judgment of the court of first instance is dismissed as follows. As such, it shall accept this as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. The part which was used for the first time shall be “2012.” The part which was used for the first time shall be “2013.”

C. Article 8-9 of the 9th page “B shall be deemed the representative of the Plaintiff as the actual operator” of “B shall be deemed to be the actual operator of the Plaintiff, or at least the Plaintiff’s user.”

O Up to 12 lines 13 up to 19 lines 15 pages 13 shall be dried as follows:

(D) From July 13, 2007 to October 12, 2012, the Defendant issued a restriction on participation in bidding for 12 months against the Plaintiff on the premise that there exist grounds for Article 76(1)8 (a) and Article 17 (a) of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “Enforcement Decree of the State Contract Act”) concerning the 30-time contract from July 13, 2007 to October 17, 2012.

Meanwhile, Article 76(1)17 of the Enforcement Decree of the State Contracts Act was newly established on July 21, 2010, and came into force on October 22, 2010, and Article 5 of the Addenda provides that “The amended provisions of Article 76(1) shall apply to the person who first causes restriction after this Decree enters into force.”

However, according to the evidence Nos. 1, 14, and 16, B, a public official in charge of the Defense Acquisition Program Administration, as if the tax invoice in the name of C or E (E) (hereinafter “E”) includes embezzlement of funds of C (hereinafter “C”) or excessive appropriation of salt processing costs and sales margin, etc., by paying excessive salt processing costs to D (hereinafter “D”) and receiving a return of some of them.

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