logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.06.23 2019구합1093
부정당업자 입찰참가자격제한처분취소
Text

1. On April 17, 2019, the Defendant’s disposition of restricting the participation of unjust enterprisers against the Plaintiff is revoked for one month.

Reasons

1. Details of the disposition;

A. On July 28, 2017, the Plaintiff concluded a construction contract with the construction cost of KRW 95,117,730 with respect to electrical construction (hereinafter “instant construction”) among the construction works of the Ku Government-si and B Library, and completed the construction work on December 4, 2017.

B. As part of the instant construction, some of the LED lighting fixtures constructed in the library site (hereinafter “instant lighting fixtures”) caused defects not fixed in the ceiling. On August 27, 2018, the Defendant requested the Plaintiff to repair the defect that the instant lighting fixtures are installed in the Mabro, so that they can be installed in the entire Mabro, by August 28, 2018.

On October 31, 2018, the plaintiff sent a reply that there is no problem after completing the repair of defects to the defendant and examining other registrars.

C. On November 15, 2018, the Defendant again demanded the Plaintiff to re-examine the defect repair and the overall inspection, and on January 2, 2019, the Plaintiff rendered a disposition to restrict the qualification of unjust enterprisers for one month (from January 21, 2019 to February 20, 2019) on the ground that “the Plaintiff failed to perform a contract or breached the conditions stipulated in the contract.”

The plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the claim was dismissed on April 1, 2019.

Accordingly, on April 17, 2019, the Defendant rendered a disposition against the Plaintiff regarding the restriction on participation in the tendering procedure for one month (from April 22, 2019 to May 21, 2019) on the same ground.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 7, 15, and Eul’s evidence Nos. 2 through 11, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that defects related to the construction of the instant case occur shall be repaired as soon as possible.

arrow