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(영문) 서울행정법원 2017.09.08 2016구합83556
중소기업자간 경쟁입찰 참여자격 취소 및 참여자격 취득 제한처분 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 established on May 19, 2004 and engaged in the production and sale of high-Robbery concrete files (PHC files).

B. B (hereinafter “instant partnership”) is a non-profit corporation established with the main objective of the development of concrete industry and the promotion of the welfare of its members by domestic small and medium enterprises producing a PHC file that reinforces the powder powder base around February 1990, a sewage pipe, the original judgment-based concrete fume, and power transmission and distribution, and concrete poles for communications.

17 small and medium enterprises engaged in the PHC file production and sale business including the Plaintiff [17 small and medium enterprises of the Plaintiff, C, D Limited Liability Company, E, F, G, H, I, J, K, K, L, M, N, P, P, P, P, Q, and Stock-type Company R (hereinafter “instant member companies”).

[2] This is a member of the above association.

C. The prosecutor's office, in collusion with 23 executives and employees of the instant member companies, including S, who are the representative director of the Plaintiff from July 201 to May 24, 2016, shall designate the government-funded PHC file purchase bid among the instant association and member companies in advance (the instant association or member companies of this case) and shall reflect the bid price in advance and reflect the bid price with the advance bid price set by the relevant member companies, and the remaining company shall not have the successful bidder be awarded a successful bid in a manner that does not participate in the relevant bidding, nor shall the designated successful bidder be selected by the initial limited competition method by intentionally failing the contract publicly announced by the original limited competition method so that the contract may be converted into a contract method by a negotiated contract and then the specific company may receive a successful bid price at least 656,387,323.

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