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(영문) 대구지방법원 2015.10.08 2015가합201859
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, established for the purpose of civil engineering and construction business, etc., was selected as a successful bidder of the “B tourism and resort facility development business” ordered by the Gyeongbuk-do District Court. On June 11, 2007, the Plaintiff and the former representative director C entered into a construction contract with the Y-gun on June 22, 2013. On February 22, 2013, the Plaintiff’s former representative director, in collusion with D, E, etc., and acquired bid information through hacking during the process of electronic tendering for the said construction, and acquired pecuniary benefits by winning a contract for the said construction (Seoul Central District Court Decision 2013Da834, 1236 (Joint), 1633 (Joint), 163)). On June 28, 2013, the said court sentenced C to a suspended sentence of imprisonment for two years with labor for C on June 28, 2013, which became final and conclusive as is on July 6, 2013.

(Evidence A. 2, 5). (b)

Accordingly, on May 7, 2014, the Defendant issued a six-month disposition of the restriction on participation in the tendering procedure against the Plaintiff (the period of restriction on participation in the tendering procedure from May 8, 2014 to November 3, 2014; hereinafter “instant disposition”). On May 8, 2014, the Plaintiff filed a lawsuit seeking revocation of the restriction on participation in the tendering procedure against the Plaintiff, against the Daegu District Court 2014Guhap1019 (Seoul District Court 2014Guhap1019), and filed an application for suspension of the validity of the instant disposition with the Daegu District Court 2014Ga9566 (the same day), and the said court rendered a decision suspending the validity of the instant disposition on May 13, 2014.

After that, on September 19, 2014, the above court rendered a judgment revoking the instant disposition, and the judgment became final and conclusive on October 15, 2014.

(A) Evidence of heading 3 through 6). (c)

On the other hand, on April 30, 2014, the Plaintiff is "F installation works" as publicly notified by the Daegu Local Government Procurement Service.

A) On May 8, 2014, the Daegu Regional Procurement Service notified the Plaintiff of the lack of eligibility for concluding the contract (Evidence A7 and 12) on the ground that the contract amount was 7.45 billion won and the bid price was 7.466 million won, and the first-class bidder was 1.5 billion won. The Daegu Regional Procurement Service notified the Plaintiff of the lack of eligibility for concluding the contract (Evidence A and 12).

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