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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. The defendant is a corporation for the construction and management of railroad facilities, which is designated as a quasi-governmental institution under the Act on the Management of Public Institutions.
B. The Plaintiff is a supervisory company entrusted with responsible supervision duties concerning B Corporation ordered by the Defendant (hereinafter “instant construction”).
C. On February 23, 2017, the Defendant issued to the Plaintiff a disposition of restricting the participation of unjust enterprisers in the tendering procedure for six months (from March 2, 2017 to September 1, 2017) on the following grounds (hereinafter “instant disposition”).
The ground for disposition does not take necessary measures, such as ordering the suspension of construction with the knowledge of the fact that the supervisor (A, D, E, and F belonging to the Plaintiff) in the construction project management service of the instant construction project ordered by the Defendant jointly with G related persons, even though he/she did not take necessary measures, such as ordering the suspension of construction with the knowledge of the spread of powder in the construction section of the public construction contract. On April 2015, the Plaintiff entered the survey documents in the construction project management system of the instant construction project that has already been excavated due to the blasting of powder, and entered them into a false document and submitted a false document to obtain the difference in the construction cost, thereby obtaining the money from G by deceptioning KRW 1,070,216,282. As such, Article 76 (1) 8 and 15 (4) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, Article 76 (1) 4 of the Enforcement Decree of the Act on Contracts to which the State is a Party, Article 76 (1) 76 (1) 4) of the Act
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is as follows.