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(영문) 대구지방법원 2015.05.06 2014구합2050
부정당업자 입찰참가자격제한처분취소
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. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development of electric resources for business purposes, and was changed to a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Public Institutions Operation Act.

B. The Plaintiff participated in the Defendant’s purchase bid on July 13, 201, and entered into a supply contract with the Defendant on the studio (Electrict Douct Hea, hereinafter “EDH”), which is an accessory facility of the studio 1stm (hereinafter “EDH”), and submitted to the Defendant two copies of the false document test report (hereinafter “instant test report”) as indicated below in the execution process.

① Contract number ② Contract number ② (3) Contract amount: (4) Category 1 Korea Chemical Research Institute (K 110572010, December 21, 201, 201, 1 Korea Chemical Research Institute ① 234,300,000 won:

C. On September 24, 2014, Article 39 of the Act on the Management of Public Institutions, Article 15 of the former Rules on the Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 288, Jun. 13, 2012; hereinafter “Rules on the Contract Affairs of Public Corporations”) on the ground that the Plaintiff falls under the “person who submitted false documents regarding the contract,” Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 23801, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contract Act”), Article 76(1) and [Attachment 2] 10(b) of the Enforcement Rule of the same Act.

Title, Article 26 (1) of the defendant's contract regulations, Article 97 (1) 8 and [Attachment 10] 10 (b) of the Enforcement Rule of the contract regulations.

under subsection (b) of this section.

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