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(영문) 광주지방법원 2017.05.11 2016가합2231
입찰참가자격제한통지무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. (1) In March 28, 2014, the Defendant publicly announced a tender on “154kV A T/L Construction Works (B)” (hereinafter “instant tender”), and the Plaintiff participated in the instant tender and concluded a construction contract with the Defendant on March 28, 2014 after being selected as the successful bidder.

(2) In participating in the instant tender, the Plaintiff is not more than the Defendant’s explanation of the performance of the integrity contract.

proposed, and the main text thereof.

Details are as follows:

Statement of Performance of Integrity Agreement

2. He will not provide the employees concerned with unjust profits, such as money and valuables, directly or indirectly in the process of concluding a successful bid and performing a contract.

In violation of this, the fact that money, entertainment, etc. are provided to the relevant staff in connection with the bid, successful bid, contract conclusion, or contract execution is revealed, in the case of the bid in question before the contract is concluded, the successful bidder will be cancelled, the contract is canceled before the contract is concluded, and the contract is canceled in whole or in part after the contract is performed, and the civil or criminal objection will not be raised.

3. He may not participate in a tender conducted by the Korea Electric Power Corporation during the relevant sanctions period from the date on which the foregoing “paragraph 1 (tenders)” or “paragraph 2 (Provision of Money and Valuables)” has been discovered and has been subject to restrictions on participation in the tendering process.

The pledge of integrity contract is a pledge based on mutual trust, and we agree that we will not raise any civil or criminal objection as to the bid that us claims damages against us or exclude us in connection with the measures of us such as restrictions on participation in bidding, termination of contract, etc., by entering into a contract with the contents of this pledge as it is a special condition of contract at the time it is determined as a successful bidder.

B. The Defendant’s contract provisions on May 14, 2015, on the ground that the Plaintiff provided money and valuables of KRW 120 million to the relevant employees in the instant bidding.

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