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(영문) 대구지방법원 2015.09.22 2015구합20796
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition to suspend the participation of the Plaintiff on November 28, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development of electric resources for business purposes, and was changed to a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Act on the Management of Public Institutions.

B. On May 25, 2006, the Plaintiff entered into a contract for purchase of goods (hereinafter “instant contract”) with the Defendant (including value-added tax, and then changed to KRW 10,151,710,800 according to a modified contract with five times thereafter) with respect to “tebling screen and water intake equipment” to be used in the Defendant and B, and submitted the relevant test report received from the subcontractor while supplying parts, etc. resulting from the instant contract to the Defendant on May 9, 2008.

C. On October 2013, the Defendant: (a) partly details of the test report submitted by the Plaintiff are as follows.

3.(c)

2) As described in paragraph (1), each of the instant test reports (hereinafter “instant test reports”) determined as a document suspected of forgery and alteration, and requested the Plaintiff to cooperate in confirmation.

The Defendant’s prior notice of disposition on November 11, 2014, following deliberation by the Special Contract Deliberation Committee on November 20, 2014, and on November 28, 2014, on the ground that the Plaintiff constitutes “a person who submits false documents by forging or altering tender documents or contract documents,” Article 39 of the Act on the Management of Public Institutions, Article 15 of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 288, Jun. 13, 2012; hereinafter “Rules on Contract Affairs of Public Corporations”); Article 76(1) of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 23801, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contract Act”).

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