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(영문) 창원지방법원 2019.02.13 2016구합53317
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition imposing restrictions on participation of unjust enterprisers in bidding on December 12, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company running trucking transport business, etc., and Plaintiff B is the representative director of the Plaintiff Company.

B. Around June 2016, the Defendant conducted a competitive bid on “C Service” (hereinafter “instant service”). According to the Defendant’s “Detailed Criteria for the Examination of Qualifications for the instant service, the Defendant prescribed that the instant service ought to be granted a full score (10 points) in the “Duty-Free Vehicle” item for the “PP vehicle with at least five tons of non-vibration (hereinafter “non-vibration”).

(1) 9 points shall be given in case of having one without any vibration vehicle. (c)

Plaintiff

The Company submitted the document that it had 5 tons of low vibration vehicles that can be operated at the time of the instant service, but was demanded by the Defendant to supplement 4.5 tons of the price among them.

At the time, D (dedicated to military officers) in charge of entering into the instant service contract while working in the Plaintiff Company Logistics Business Team, required to issue a “non-vibration system work completion certificate” in advance, as F vehicle owned by the Plaintiff Company (hereinafter “instant vehicle”) is expected to have a non-vibration device installed on contact with E Company, and E issued a false “non-vibration system work completion certificate” to the effect that non-vibration device is installed on the instant vehicle.

D received it and submitted it to the Defendant as a document of examination of qualifications.

hereinafter referred to as "the violation of this case"

(D) subsequently, D did not actually have any non-vibration device because it did not bring the instant vehicle into E.

In order to be selected as a final successful bidder in the instant service contract, the examination of qualifications must exceed 85 points. As the Plaintiff Company submits false documents, the Defendant is obliged to perform equipment items to the Plaintiff Company.

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