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(영문) 대전고등법원 2013.06.13 2012누2793
부정당업자입찰참가자격제한처분취소
Text

1. Revocation of a judgment of the first instance;

2. The period of sanctions against the Plaintiff is from May 21, 2012 to November 20, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff, which entered into a long-term continuing construction contract, was an enterprise established for the purpose of electrical construction business, etc., and was selected as a successful bidder by participating in a competitive bid on the construction work for improving electric facilities following the installation of electricity facilities (hereinafter “instant construction work”) outside the A station, which was announced by the Defendant around December 21, 2011.

On December 28, 2011, the Plaintiff concluded a contract with the Defendant (the first) amount of KRW 59,697,546 (the total contract amount of KRW 423,409,770), the date of commencement on December 29, 201, and the total body and the first contract for construction on February 6, 2012 on the date of completion.

(2) On May 10, 2012, the Plaintiff concluded the second construction contract with the Defendant (the second contract amount of KRW 423,409,770) on May 11, 2012; the date of commencement; and the date of completion as of September 27, 2012.

(hereinafter referred to as the “instant secondary construction,” and hereinafter referred to as the “instant contract”) under the instant secondary contract. B.

Articles 2 and 3 of the Special Conditions for Integrity Agreement included in the contract provisions related to the obligation to comply with the integrity agreement of this case shall be as follows:

Article 2 (Duty to Comply with Integrity Agreement) In bidding of construction works, services, etc., a written pledge of integrity contract shall not be submitted, and the other party to enter into a contract or the other party to enter into a contract shall not directly or indirectly provide the person in charge with unjust profits, such as money, entertainment, etc., in relation to the conclusion

Article 3 (Restrictions on Qualifications for Participation of Unjust Enterprisers in Tender) (3) Where a person in charge of a tender does not directly or indirectly provide money, valuables, entertainment, etc. in the course of a tender, concluding a contract or performing a contract, or where a person violates this, he/she shall participate in the tender for a period of not less than six months but not more than two years from the date on which the restrictions on qualifications for participation in tender

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