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(영문) 광주고등법원 2017.11.29 2016나11317
입찰참가자격제한처분취소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff’s bid in 2014 and the Plaintiff’s successful bid 1) bid for the “high-tensionC Construction Work” (hereinafter “2014 tender”) publicly announced by the Defendant on October 30, 2014, and “construction subject to tender in 2014” (hereinafter “construction subject to tender in 2014”).

2) The Plaintiff participated in the contract of integrity with the Defendant (hereinafter “Integrity Agreement”). The Plaintiff is the Defendant’s awareness of the performance of the contract of integrity as follows:

)를 교부 받아 서명한 후 2014. 11. 4. 피고에게 다시 교부하였다. ◎ 청렴계약 이행각서 당사는 「부패 없는 투명한 기업경영과 공정한 업무처리」가 사회발전과 국가 경쟁력에 중요한 관건이 됨을 인식하며(이하 생략함

2. It will not provide the employees concerned with unjust profits, such as money and valuables, directly or indirectly in the process of concluding a successful bid and performing a contract.

In violation of this, the fact that money, entertainment, etc. are provided to the relevant personnel in connection with the bid, successful bid, contract execution, or contract execution, will be canceled in the case of the bid before the contract is concluded, the successful bidder will be canceled, the contract is canceled before the contract is concluded, and the civil or criminal objection will not be raised.

3. He does not participate in the tender conducted by the Defendant during the relevant sanctions period from the date on which the foregoing “paragraph 1 (tenders)” or “paragraph 2 (Provision of Money and Valuables)” is discovered and subject to a disposition restricting the qualification to participate in the tender.

The pledge of integrity contract is a pledge based on mutual trust, and upon which our country claims damages against you or excludes us in connection with the measures of return to the company, such as restrictions on qualification for participation and termination of contract, the content of this pledge, as it is, when determined as a successful bidder, shall be implemented under the special conditions of the contract as is.

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