beta
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. On March 2014, the Plaintiff, a company engaged in the business of collecting, transporting, storing, etc. wastes, was selected as a subject of examination in the bidding for “the Masan-gu Disaster Prevention Dental (Third) Waste Management Services” (hereinafter “instant services”) ordered by the Defendant, and submitted to the Defendant a document on April 8, 2014, a copy of the “continuous aggregate quality certificate” (hereinafter “instant certificate”) attached to the Defendant.
B. After that, on April 9, 2014, the Plaintiff entered into a service contract between the Defendant and the service period of KRW 56,015,00 with respect to the instant service, and the service period from April 15, 2014 to December 31, 2014. As a result, the contract price of the instant service contract was changed to KRW 9,274,000 on December 9, 2014.
C. Meanwhile, around March 6, 2015, the Defendant received a request from the Board of Audit and Inspection to take a disposition of the audit result stating that “The instant certificate was not valid after being returned to the issuing agency on September 26, 2013, and the Plaintiff submitted it to the Plaintiff and was determined as a successful bidder for the instant service, and thus, it would be necessary to prepare a scheme for restricting the qualification for participation in bidding against the Plaintiff.”
Accordingly, the Defendant: (a) on April 7, 2015, following the prior notice of disposition and the procedures for submitting opinions; and (b) on the ground that “the Plaintiff submitted a false tender document regarding the instant service project and received a successful bid,” Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 26829, Dec. 31, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”); (c) Article 76(1) and (4) of the Enforcement Rule of the Act on Contracts to which the State is a Party (hereinafter “Enforcement Rule of the State Contracts Act”); (d) for six months (from April 8, 2015 to October 7, 2015).