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(영문) 서울행정법원 2016.10.07 2016구합60010
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 2013, the Plaintiff’s representative director B was convicted of having provided KRW 50 million to E who was in charge of ordering and managing safety inspection services for the Defendant’s establishment in collusion with C Director D, a foundation corporation (hereinafter “C”).

(Y) On April 11, 2016, the Defendant rendered a disposition to restrict the participation in a tendering procedure for five months against the Plaintiff on the ground that the Defendant provided money or goods in relation to the precise safety diagnosis services.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) In fact, the absence of the grounds for disposition between the Plaintiff and C, the representative director of the Plaintiff, and F, the actual operator of B and C, who is the Plaintiff’s representative director, is a death penalty, and the Plaintiff and C jointly run the business around April 2012, and F, respectively. However, since the two companies have long-term relations, the process of the business was not immediately separated, and at the time, G, who was in charge of C’s funds, managed part of the Plaintiff’s funds and reported matters related to C’s funding to B.

Meanwhile, from the account of C, KRW 20 million was withdrawn on June 13, 2013, KRW 10 million on June 14, 2013, KRW 20 million on June 27, 2013, and KRW 50 million on June 27, 2013.

B) At the time of receiving money from B, E’s work and the Plaintiff’s contract conclusion, while serving as the Defendant’s H, were in charge of subway I’s structure and civil engineering structure maintenance work, planning and implementation of a thorough safety inspection, and safety-related overall work. On July 2013, the Plaintiff was awarded a contract with the Defendant for a full safety examination and entered into a service contract with the Defendant from July 11, 2013 to September 3, 2014, with the contract term of the contract amount of KRW 1,198,00,000, the contract amount of the Defendant was KRW 1,198,000,000). D’s statement made by the parties to the prosecution.

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