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(영문) 대구지방법원 2020.05.28 2019구합23854
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting participation in bidding rendered on May 31, 2019 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company engaging in software development and service business. The Defendant is the Act on the Management of Public Institutions, which is engaged in the development of electric power resources (hereinafter “Public Institutions Operation Act”).

(2) The Defendant introduced and constructed the DNA Products E, a German company, D and C (hereinafter “First Services”) to carry out the F Services and G Services (hereinafter “Second Services”).

B. The Plaintiff’s bid collusion and Fair Trade Commission’s decision 1) linked to C with D company’s BP technology, the Defendant concluded a contract with the Defendant on the first and second services, which was selected as a successful bidder at H Co., Ltd. (hereinafter “H”) and participated in the first and second services, on March 24, 2014, and on June 10, 2014, for the purpose of supporting small and medium enterprises, to participate in the first and second services.

3) On March 26, 2019, the Fair Trade Commission investigated whether the bid collusion with the Plaintiff and H on the ground that “the Plaintiff and H agreed to formally participate in the bidding on the ground that “The Plaintiff and H participated in the bidding for services Nos. 1 and 2 and agreed to be awarded a successful bid and not to participate in the bid (hereinafter “instant collusion”).” (hereinafter “Fair Trade Act”).

) Considering that the Plaintiff and H violated Article 19(1) Subparagraph 8, the corrective order and penalty surcharge (Plaintiff 21,000,000) under Articles 21 and 22 of the same Act were issued against the Plaintiff and H.

C. The Defendant’s disposition on May 31, 2019 constituted “a person who received a successful bid by leading the collusion” in the bidding for services Nos. 1 and 2.

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