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(영문) 서울행정법원 2017.09.08 2017구합55879
부정당업자 입찰참가자격제한 처분 취소
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 Plaintiff is a corporation that runs the production and sales business, etc. of B (B; hereinafter “B”).

B. A cooperative (hereinafter “instant cooperative”) is comprised of 17 companies (the Plaintiff, D Co., Ltd., E, F, G Co., Ltd., G Co., Ltd., I, J Co., Ltd., K Co., Ltd., Ltd., L Co., Ltd., M Co., Ltd., N Co., Ltd., O Co., Ltd., P, Q Q, R Co., Ltd., Ltd., Ltd., and S Co., Ltd., including the Plaintiff that produces B (hereinafter “instant cooperative”) and individual companies are comprised of 17 companies, including the Plaintiff who produces B.

C. The Armed Forces Finance Management Board publicly announced U bidding by determining the type of “total contract” of the T date contract, “a contract for evaluation of the ability to perform the contract (competitive among small and medium entrepreneurs),” “97,798,000 won in the budget amount” (hereinafter “instant bidding”). The Plaintiff participated in the instant bidding together with Q Q. The Plaintiff was awarded a contract by Q Q as the first-class company, and entered into an U contract with the Armed Forces Finance Management Board on December 23, 2014.

In collusion with the public prosecutor of the Seoul Central Public Prosecutor's Office on July 1, 2016, "V, the representative director in charge of the business," in collusion with the executive officers of the association of this case, the representative director of the association of this case, or the person in charge of bidding affairs, from July 201 to May 24, 2016, the association of this case and the members of the association of this case shall be designated as a successful bidder in advance, and the person who will be selected as a successful bidder and the person who will be selected as a successful bidder shall be reflected in the bid amount set in advance, and the remaining company shall be reflected in the bid amount higher than that set by the successful bidder, or the other company shall not be selected as a successful bidder in an intentional bid, a single bid, or a successful bidder in excess of the expected bid price, and shall be designated as an agency awarding the contract.

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