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(영문) 광주지방법원 2017.06.15 2016가합1696
입찰참가자격제한통지 무효확인
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. In November 14, 2014, the Defendant publicly announced a bid on B (hereinafter “instant bid”) for the instant construction project (hereinafter “instant construction project”), and the Plaintiff participated in the instant bid and was selected as a successful bidder, and concluded a construction contract with the Defendant on December 30, 2014 after being selected as a successful tenderer.

B. While participating in the instant tender, the Plaintiff submitted to the Defendant a letter of commitment to the integrity agreement (hereinafter “instant letter”), and the main contents are as follows.

Statement of Performance of Integrity Agreement

2. It will not provide the employees concerned with unjust profits, such as money and valuables, directly or indirectly in the process of concluding a successful bid and performing a contract.

In violation of this, the fact that money, entertainment, etc. are provided to the relevant staff in connection with the bid, successful bid, contract conclusion, or contract execution is revealed, in the case of the bid in question before the contract is concluded, the successful bidder will be cancelled, the contract is canceled before the contract is concluded, and the contract is canceled in whole or in part after the contract is performed, and the civil or criminal objection will not be raised.

3. He may not participate in a tender conducted by the Korea Electric Power Corporation during the relevant sanctions period from the date on which the foregoing “paragraph 1 (tenders)” or “paragraph 2 (Provision of Money and Valuables)” has been discovered and has been subject to restrictions on participation in the tendering process.

The pledge of integrity contract is a pledge based on mutual trust, and we agree that we will not raise any civil or criminal objection as to the bid that us claims damages against us or exclude us in connection with the measures of us such as restrictions on participation in bidding, termination of contract, etc., by entering into a contract with the contents of this pledge as it is a special condition of contract at the time it is determined as a successful bidder.

C. On August 5, 2015, the Defendant provided the Plaintiff with money and valuables of KRW 10,000,000 to the relevant employees in the instant bidding.

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