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(영문) 광주지방법원 2015.02.12 2013구합10854
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s status as a company engaging in the construction business, etc. as its objective business, and participated as a representative with 40% equity interest by organizing a joint supply and demand organization with four companies, such as a tendering company, etc. (hereinafter “instant construction”) publicly notified on December 14, 2010 by the Public Procurement Service (hereinafter “instant construction”).

B. The instant construction project outlined the instant construction project is a package design and construction project with the estimated construction cost of KRW 92,265,000,000,000. The bid method is “inducing standard method (60% of the design score and 40% of the price score).” According to the bid method, among the design eligible persons with design score of at least 80 points, the bidder who has earned the highest score obtained by adding design weight marks and price weight marks to the design eligible persons with design score of at least

C. In addition to the Plaintiff’s agreement and bid for the instant construction project, Hyundai Construction Co., Ltd., gold industry Co., Ltd., and Copi global Co., Ltd. (hereinafter referred to as “Co., Ltd.” were omitted, and the said 4 Co., Ltd. were organized as their representative. On February 14, 2011, prior to the closing date of tender documents, the officers in charge of the Plaintiff et al. agreed to have a meeting and to reflect the bid at the corresponding ratio as indicated in the “the bid price estimate” column as stated in the tender document as of March 3, 2011. In accordance with the actual agreement, the tender price was reflected in the corresponding amount as indicated in the “tender price” column as set out below at the closing date of tender documents.

A 87,135,06,00 won 94.44% Hyundai Construction 87,08,93,000 won 94.39% gold industry 87.03,574,00 won 94.33% Cloul global 86,982,82,828,000 won 94.275%

D. 15 members of the Gwangju Metropolitan City Local Construction Technology Deliberation Committee on March 24, 201 in order to examine the basic design documents, etc. submitted by the plaintiff, etc. in bidding for the instant construction project, such as offering of bribe to the design deliberation committee.

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