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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s public announcement of tender and the Plaintiff’s successful bid 1) Company B (A) is a company running an electrical construction business, information and communications construction business, etc., and the Plaintiff is a company that divided and merged the part of the electrical construction business of B on May 11, 2016 (hereinafter “Plaintiff”), regardless of whether it was before or after the alteration or merger.
(2) The Plaintiff participated in the tender on the “DD”, etc. as notified by the Defendant (hereinafter “each of the instant bids”), and submitted to the Defendant a letter of performance of integrity contract as follows (hereinafter “written acceptance of integrity contract”).
We recognize that us will be an important factor in social development and national competitiveness (hereinafter omitted) of transparent corporate management and fair business performance without corruption.
2. It will not provide the employees concerned with unjust benefits, such as money and valuables, entertainment, etc. directly or indirectly in the course of tendering, concluding and performing the contract.
In violation of this, the fact that money, valuables, entertainment, etc. have been provided to the relevant personnel in connection with the successful bidder's bid, contract conclusion, or contract execution, will be subject to the cancellation of the successful bidder's decision, cancellation of the contract before the execution of the contract, and cancellation of all or part of the contract after the execution of the contract.
3. He does not participate in the tender conducted by the Defendant during the relevant sanctions period from the date on which the foregoing “paragraph 1 (tenders)” or “paragraph 2 (Provision of Money and Valuables)” is discovered and subject to a disposition restricting the qualification to participate in the tender.
The pledge of integrity agreement is a pledge based on mutual trust, and at the time of being determined as a successful bidder, we conclude that the content of this pledge is a contract special condition as it is, and our country is liable for damages against you in relation to the measures of return, such as restrictions on qualifications for participation and termination of contract.