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(영문) 인천지방법원 2015.06.04 2014구합33346
업무정지처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 22, 2012, the Incheon High School published a public announcement on the “tender to purchase rice with miscellaneous rice for meal service in December or January of the C High School (hereinafter “instant C High School Tender”); and on November 20, 2012, the Incheon D High School published a public announcement on the “tender to purchase miscellaneous meals for two other school meals (rice).”

(hereinafter referred to as the “instant D Primary Tender,” and the said bids together are referred to as the “instant Tender.” (b)

The Plaintiffs submitted all of the instant bids, and the Plaintiff Company B was determined as the successful bidder of the instant high-tech bid, and the Plaintiff A was determined as the successful bidder of the instant high-tech bid.

C. On December 15, 2014, the Defendant issued a disposition to restrict the participation of the Plaintiffs for six months (hereinafter “instant disposition”) on the ground that the Plaintiffs participated in the instant tendering procedure, on the grounds that the bid price was mutually indicated and the act of collusion for submitting a tender in the same IP address (E) was committed against the Plaintiffs.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion 1) did not have any collusion with the bidding of this case, and since the bid of this case was conducted in such a way as to determine the estimated price by drawing lots among multiple preliminary prices, there is no room to conclude collusion. 2) The bid price of this case is a small amount and the business of the plaintiffs is small, taking into account the fact that the business of the plaintiffs is small, the disposition of this case is too harsh and is in violation of the principle of proportionality.

(b) The attached Form of relevant statutes is as follows.

C. Article 31(1) of the Local Contract Act and Article 92(1)7 of the Enforcement Decree of the Local Contract Act provide that “a person who has agreed in advance a bid price with other bidders or has agreed to participate in collusion with other bidders for a specific person’s successful bid shall be restricted to qualification for participation in the tender for a certain period.”

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