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(영문) 수원지방법원 2019.01.24 2018구합64857
입찰참가자격제한처분 취소 청구
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 stock company engaging in electrical construction business, etc., and the Defendant was designated as a quasi-market-type public corporation under Article 5(3)1(b) of the Act on the Management of Public Institutions as a corporation established by the Government by investing the total amount of capital in accordance with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and the Korea Land Corporation as a quasi-market-type public corporation under Article 2007-28 of the Ministry of Planning and Transportation’s notification in 2007. The name of the Defendant was modified and designated in Article 2010-3

The actual cost of the apartment construction project: The actual cost of KRW 14,870,930,00 shall be the actual cost of the construction project: the actual cost of KRW 14,870,930,00: from October 17, 2013 to June 30, 2016, the actual cost of the construction project: KRW 238,606,078.

B. On October 2013, the Plaintiff received and proceeded with the following construction works (hereinafter “instant electrical construction”) with respect to B apartment construction ordered by the Defendant.

C. The Plaintiff paid safety management expenses-related items during the process of executing the instant electrical construction, and submitted a document accompanied by evidentiary materials to the Defendant and received settlement of safety management expenses from the Defendant.

In the course of the Plaintiff’s settlement of safety management expenses as above, the Defendant: (a) submitted false evidential documents as if it used KRW 7,515,000,00, which was the amount actually paid by the Plaintiff as the expenses for the event of the 3,585,000 won, which was implemented by the Defendant’s facility business division of the Seoul Regional Headquarters on October 23, 2014 (hereinafter “instant sports competition”); and (b) the amount actually paid by the Plaintiff in relation to the purchase of the safety equipment (each half, personal storage, and ice) between January and July 2014.

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