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(영문) 대전지방법원 2017.08.16 2016구합103674
입찰참가자격제한처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

C Company D (trade name before the change: E; hereinafter referred to as “E”) and Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff”) substantially run. Plaintiff B acquired 63.33% of the Plaintiff Company’s shares from C in around 201 and assumed office as the representative director of the Plaintiff Company.

E and the Plaintiff Company, even after they assumed office as the representative director of the Plaintiff Company, have overall control over C’s business, such as management and enforcement of the company’s funds.

1. C, Plaintiff B, and Plaintiff B, in ordering G-related projects ordered by the Public Procurement Service, conspired to pay royalties by means of putting a kind of relationship with the professors selected or selected as review evaluation committee members directly or through E, H, I, etc. to receive good scores from review evaluation committee members, in order to receive good scores.

Plaintiff

B around December 15, 2010, in relation to “J project” opened as a member of the Public Procurement Service of the Daejeon District Office in Seo-gu, Seo-gu, Daejeon, requested L professors selected as members of the review and assessment office of the above project in relation to “J project”, and issued two copies of “50,000 won card to L in research institutes located in Gwangju City” around December 15, 2010, and issued two copies of “50,000 won card to L in research institutes located in Gwangju City” from October 20, 2010 to September 10, 2012, as indicated in attached Table 1 (1), the Plaintiff B or C, either directly or through H, or through I, made an unlawful request to 20 professors of the review and assessment members of the above project, and conducted the examination and assessment of the other’s property by providing 18,600,000 won card to L, and made an unlawful request to the members of the review and assessment office.

(hereinafter “the offering of bribe in this case”). 2. C and Plaintiff B’s occupational embezzlement C and Plaintiff B, while operating the F Co., Ltd., shall pay wages of KRW 2,005,830 to N who were falsely registered as an employee on May 25, 201, and receive a return in cash.

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