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(영문) 서울행정법원 2018.02.02 2017구합76265
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 plaintiffs, B, C, D, E, F, G, H, I, J, and K Co., Ltd. (hereinafter referred to as "stock company" in the name of each company is omitted) are members of L Cooperatives (hereinafter referred to as "Unions"), which are manufacturers of fume concrete pipes (hereinafter referred to as "fume") in the lower judgment.

B. The Seoul Central District Prosecutors' Office, at the request of the procuring entity, refers to a contract under which the procuring entity of multiple suppliers enters into a contract with multiple contracting entities in advance and displays the list of contract articles on the Internet integrated shopping mall at the request of the procuring entity, whenever necessary at each procuring entity, and the contracting entity provides the goods through the Internet integrated shopping mall, and the contracting entity provides the goods to the procuring entity.

The English weak is Mulle A MAS.

(2) The Plaintiff and 11 member companies of the Union have agreed on August 31, 201 through May 12, 2016, and the Plaintiff and 11 members of the Union have agreed on the bid for fume for the purchase of fume, which is ordered by the second-stage competitive method (hereinafter referred to as “Mame”), and filed a prosecution on August 18, 2016 on the charge that the pre-determined companies engaged in interference with the bidding in the manner that the pre-determined companies are selected as suppliers by jointly sharing the proposed price and submitting a written proposal in accordance with the same manner, and submitted a bid or giving up the proposal.

C. As above, Article 27(1)2 of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) on November 3, 2016, on the ground that the Plaintiff, under an agreement with other members of the association, engaged in bid collusion at a public tender for purchase of government-funded fume (hereinafter “instant collusion”).

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