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(영문) 서울행정법원 2017.11.30 2015구합64312
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. On July 4, 2014, the Daejeon Regional Procurement Service under the Defendant’s control (hereinafter “Defendant”) issued a public notice of the purchase bid for the procurement commodities on the “purchase of replacement of the position of the business network of the Statistics Korea” at the request of the Statistics Korea. On July 21, 2014, the Plaintiff selected as the successful bidder and the Plaintiff entered into a purchase contract for the “place of White” with the main contents below (hereinafter “instant contract”).

An end-user institution: Network Location Standard Contract Amount: 154,950,450 won: Inspection and Tallyman on September 4, 2014: An end-user institution.

B. On December 17, 2014, the Defendant notified the Plaintiff of the rescission of the instant contract on the ground that the contract was not performed without justifiable grounds.

C. On April 23, 2015, the Defendant issued a disposition for six months of the restriction on participation in the tendering procedure under Article 27(1) of the former Act on Contracts to Which the State Is a Party (amended by Act No. 14038, Mar. 2, 2016) and Article 76(1)6 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 27475, Sept. 2, 2016) (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Defendant notified the rescission of the instant contract on December 17, 2014 is unlawful for the following reasons. As such, the instant disposition premised on the Plaintiff’s assertion is unlawful.

1) The Plaintiff, a Chinese company’s product distribution company, refers to “Sco” (hereinafter “red red mar electronic”) : “H Long Elecreronics Techlogy” (hereinafter “HK”).

A letter of guarantee and technical assistance provided to the Statistics Office, which is a procuring entity, to purchase network location.

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