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(영문) 대전지방법원 2017.01.19 2016구합100255
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. The Plaintiff is a company that runs the business of manufacturing and selling steel structures, and the business of installing and selling steel products with its head office located in 99, Samsung-gun, Samsung-gun, Samsung-gun, Samsung-gun, Samsung-gun.

B. On April 20, 2012, the Defendant: (a) designated the “dex Plot” (hereinafter “instant goods”) manufactured by the Plaintiff as an excellent product pursuant to Article 9-2 of the Procurement Business Act and Article 18 of the Enforcement Decree of the same Act.

(B) On December 23, 2014, the Defendant extended the period of designation of outstanding products of this case by April 19, 2017).

On May 23, 2014, the Plaintiff entered into a negotiated contract with the Defendant under which the Plaintiff supplied the instant goods to the Defendant, and thereafter, entered into a modified contract on the grounds of the volume increase, etc. on the total six occasions on July 2, 2014, July 16, 2014, July 31, 2014, July 31, 2014, August 20, 2014, September 19, 2014, and February 26, 2015.

On October 21, 2014, the Plaintiff was demanded by the Incheon Metropolitan City Federation, a procuring entity, to supply the instant goods of KRW 163,572 square meters (price 4,85,144,100) according to the said contract.

E. Accordingly, as a result of the investigation conducted on October 5, 2015 by the Defendant, who was reported that the Plaintiff supplied the instant goods to the Incheon International Airport, without attaching carbon plates, unlike the size of the instant goods, on October 5, 2015, it was found that the Plaintiff did not attach carbon plates to the instant goods supplied by the Plaintiff.

F. On January 14, 2016, the Defendant: (a) on the ground that the Plaintiff supplied a product different from the contract specification and used another material that is lower than the design specification; and (b) thereby, constitutes a person who performed unlawful construction, such as using another material that is lower than the design specification; (c) “National Contract Decree under the Enforcement Decree of the Act on Contracts to Which the State Is a Party.

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