logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.04.08 2015누22349
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion and the judgment of the court of first instance

A. The plaintiff's assertion 1) The plaintiff should have made an illegal solicitation in order to suspend the business of this case. In order to suspend the business of this case, the plaintiff should provide money and valuables in relation to the implementation of the contract. ① The plaintiff provided the money and valuables by coercion of D, the plaintiff did not have made an illegal solicitation, and the plaintiff did not have made an illegal solicitation, and ② the bid and contract of the Landscaping are not in a position to participate in Busan Metropolitan City City as being in charge of the Busan Metropolitan City's accounting property, and the time when the plaintiff delivered money and valuables to D is before the conclusion of the Landscaping, so D is not not a person subject to illegal solicitation, but a public official related to bid, successful bid or conclusion of contract, and implementation.2) The plaintiff's delivery of money and valuables by coercion is smaller than the amount of money and valuables, the plaintiff's voluntary report to the Busan Busan Metropolitan City Inspector, the plaintiff's voluntary notification to the Busan Metropolitan City Inspector, and the purport of the disposition of this case's exclusion or abuse of discretion against the plaintiff's employees and its own discretion.

B. The judgment of the court of first instance 1) did not have any unlawful solicitation, and according to the reasoning that there was no connection with the performance of the contract, or according to the statement in Gap evidence No. 8, the Plaintiff: Busan District Court (2014Gohap737) around February 13, 2015, and Busan Metropolitan City around June 5, 2013.

arrow