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(영문) 대전지방법원 2018.12.19 2018구합102132
부정당업자 입찰참가자격제한처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a company engaged in the manufacturing of art paintings, manufacturing and selling art decorations food, etc.

On March 20, 2014, the Plaintiff and the Defendant entered into a contract with multiple suppliers with the content of “Salymix date or board stone: 2,350 square meters, contract amount: 1,57,450,000 square meters, contract period: from March 20, 2014 to February 29, 2016, delivery conditions: The delivery place: the lower limit, and the delivery place: the delivery place: the delivery place: the procuring entity’s designated place.”

(2) On February 2, 2018, the Defendant: (a) delivered the instant contract to Daejeon Metropolitan City B and Gyeongbuk-do, a procuring entity, to the Plaintiff and caused damage to the State on the ground that it caused damage to the State by means of supply of other pictures than the specifications according to the demand for supply by the procuring entity; (b) Article 27(1) of the former Act on Contracts to Which the State Is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”); (c) Article 76(1)1 and 17 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 27475, Sept. 2, 2016; hereinafter “former Enforcement Decree of the State Contracts Act”); and (d) Article 76(1)1 of the former Enforcement Decree of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sept. 23, 2016). 200

[Ground of recognition] In the absence of dispute, entry of Gap evidence 1, 5, and 6 (including branch numbers), the purport of the entire pleadings, and the purport of the disposition of this case, it is reasonable to compute the thickness with the average thickness after adding the thickness of the two different days, if two products from the date of the plaintiff's assertion as to the legitimacy of the disposition of this case, and if they are composed of one product.

In Daejeon Metropolitan City B, a dolock with a thickness of 30 meters, and a dolock with a thickness of 9 meters.

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