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(영문) 대구지방법원 2015.05.20 2014구합22610
부정당업자 입찰참가자격제한 처분 취소
Text

1. The Defendant’s disposition of restricting the participation of unjust enterprisers against the Plaintiff on September 24, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established for the purpose of manufacturing and selling Belgium and flow meters-related equipment.

The defendant was designated as a "other public institution" pursuant to Article 5 of the Act on the Management of Public Institutions (hereinafter referred to as the "Act on the Management of Public Institutions") with the purpose of developing electric resources, and was changed to a "market-type public corporation" under Article 2011-1 of the Ministry of Strategy and Finance notification pursuant to Article 6 of the Act on the Management of Public Institutions on January 24, 201.

B. On November 22, 2003, the Plaintiff entered into a contract with the Defendant for the supply of “the average tamper flow meter (a machine measuring the quantity of liquid flowing into a pipe)” used in B 1 and 2 nuclear power plants, and produced the average tamper’s flow meter after being supplied by C (hereinafter “C”) to the Defendant.

C. On August 2, 2007, the Plaintiff supplied the Defendant with the average soft flow meter. On January 22, 2007, the Plaintiff submitted the test report (certificate number: D; hereinafter “instant test report”) issued by the Scco on January 22, 2007 with respect to the Plorate used for the production of Capital.

On June 9, 2014, the Defendant was notified by the Busan District Prosecutors' Office that the instant test report was forged or altered, and was deliberated upon by the Special Contract Deliberation Committee on August 18, 2014, and on August 27, 2014. On September 24, 2014, on the ground that the Plaintiff constitutes “a person who forges, alters, or fraudulently uses documents relating to tendering or contract or who submits false documents,” the Defendant was subject to the following provisions and imposed a disposition restricting the Defendant’s participation for six months (hereinafter referred to as “instant disposition”).

Article 39 of the Act on the Management of Public Institutions.

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