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(영문) 서울행정법원 2014.08.29 2013구합27203
부정당업자제재처분취소
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 January 18, 2008, the Public Procurement Service publicly announced a bid for 2,3 construction works prior to the B water intake method (hereinafter “2 construction sections part”), “3 construction sections part,” “3 construction sections part,” and “the instant bid” in combination with each bid.

B. C (the entry of “stock company” in the name of “stock company”) representative director D) was unable to participate independently in the instant bidding due to lack of acceptance results, and around February 2008, E in the case of Section B bidding on the ground of E head of E’s business headquarters F and G representative H in E’s office and G representative H in the case of E’s bidding on the ground of so-called the so-called so-called so-called so-called discount business, G was awarded each in the case of Section C bidding, and C agreed to participate

C. D Co-operations with 11 companies, including the Plaintiff (Plaintiffs, Gyeong-il Construction, Gyeong-si Development, Yangyang Development, Tyang Development, Triyang Construction, west Sea Construction, New Construction, Native Public Works, Korea-U.S.T.) and 4 companies (Ss.S. construction, E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

As a result, the 17 companies including the Plaintiff (E, G, and D, the above 11 companies and the above 4 companies that led to their cooperation. C did not directly participate in the bidding) were selected as a successful bidder on April 1, 2008, the 2nd bidding date.

E. In addition, on April 2, 2008, 2008, 17 companies, including the Plaintiff, were selected as successful bidders by using a tender statement (including 6,22,26,27,27,28,29, 29, and 30, the remaining 16 companies, other than G, were written in a higher level than 109% of the total work units, such as 6,22, 26, 27, 28, 29, and 30).

(f).

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