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(영문) 춘천지방법원 2018.04.24 2017구합50209
부정당업자제재처분취소 청구의 소
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. The Plaintiff is a company that operates a telecommunications business, electrical construction business, etc., and the representative director B of the Plaintiff’s company was prosecuted for the following criminal facts and was sentenced to imprisonment for six months and one year of suspended execution on August 18, 2016.

(This Court Decision 2014Da1373, hereinafter referred to as “instant first instance judgment”). C is the Vice-Chairperson of the Gangwon-do Council of D Organizations, who is substantially operating E Co., Ltd. (hereinafter referred to as “E”) and F (hereinafter referred to as “F”).

B is the Chairperson of the Gangwon-do Council who operates the Plaintiff Company.

In making a public tender for the “G construction” (hereinafter “instant construction”) of the basic amount of KRW 279,680,000 on December 17, 2012, Gangwon-do is an enterprise that has established a single construction work of at least 80,000,000 won in a single construction work for the last ten years in which the main office is located in Gangwon-do, and limited the eligibility to participate in the tender as an enterprise that has submitted the specifications of equipment related to the existing operation equipment and system and the complete compatibility.

Accordingly, in December 2012, C requested B to participate in the bid at the E office located on the first floor of the Chuncheon-si, Chuncheon-si, the first team leader of E, after requesting B to participate in the bid, issued B the same BM equipment specifications as B received by E through the “J”, and E to reflect the bid amount in KRW 260,102,40, and KRW 240,651,850, respectively. The Plaintiff Company requested the 261,120,000, respectively.

Since then, around 10:19 on December 24, 2012, C has been awarded a successful bid in KRW 260,102,40, and KRW 240,651,850 on December 24, 2012, and KRW 240,651,850 on December 24, 2012, and KRW 261,120,00 on December 24, 2012, B has been awarded a successful bid in KRW 260,102,40 on December 24, 2012.

As a result, C and B caused the fairness of bidding by a deceptive scheme in collusion.

B. The defendant shall undergo deliberation by the Gangwon-do Contract Deliberation Committee.

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