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(영문) 광주고등법원 2016.01.28 2015누5220
입찰참가자격제한처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 14, 2010, the Defendant publicly announced the bid to the effect that “B works will be executed by designing and constructing concurrently” through the Public Procurement Service (hereinafter “instant bid”).

B. On February 14, 2011, the Plaintiff and Hyundai Construction Co., Ltd., Gold Global Co., Ltd. (hereinafter “Co., Ltd.”) agreed to participate in the bidding (hereinafter “instant agreement”) by setting up a separate joint supply and demand organization on February 14, 201, with the bid bid ratio in comparison with the announced amount, 94.44% for the Plaintiff Co., Ltd., 94.39% for Hyundai Co., Ltd, 94.39% for Hyundai Co., Ltd, gold Industry Co., Ltd, 94.3% for gold Industry, and 94.275% for Co., Ltd., Ltd., Co., Ltd., Ltd., which agreed to participate in the bidding (hereinafter “instant bidding”). On March 3, 2011, the Plaintiff Co., Ltd. was selected as a successful bidder on April 2

C. On February 25, 2013, the Fair Trade Commission issued a corrective order and a penalty surcharge payment order against the Plaintiff on the ground that the agreement in this case constitutes an unfair collaborative act on the grounds that “the act of determining a bid rate or a bid price in the bidding under Article 19(1)8 of the Monopoly Regulation and Fair Trade Act, and constitutes an unfair collaborative act” (hereinafter “instant penalty surcharge disposition”), and notified the Defendant on March 4, 2013.

On October 30, 2013, the Defendant: (a) against the Plaintiff, on the ground that “the Plaintiff made a bid collusion (a prior agreement between bidders) with respect to the instant bidding; and (b) provided money and valuables to examiners; (c) Article 31(1) of the former Act on Contracts to Which a Local Government Is a Party (Amended by Act No. 12000, Aug. 6, 2013); (d) Article 92(1)7 and 10 of the Enforcement Decree of the same Act (Amended by Presidential Decree No. 23134, Sept. 15, 201; hereinafter “former Enforcement Decree of the Local Contracts Act”); and (e) Article 92(1)7 and 10 of the former Enforcement Decree of the same Act (Amended by Ordinance of the Ministry of Public Administration and Security No. 348, Mar. 15, 2013).

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