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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. SambC Co., Ltd. changed its trade name on November 6, 2013 to SambC Co., Ltd. at the same time, and established the Plaintiff, a newly incorporated company, by physical division of the railway and track construction business sector (hereinafter the Plaintiff and the physical division, not dividing the Plaintiff and SambC Co., Ltd.). The Defendant is a public institution designated as a commissioned-type quasi-governmental institution pursuant to the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act, a corporation that conducts construction and management business of railroad facilities under the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”).
B. With respect to the A tramway attached construction work ordered by the Defendant (hereinafter “instant construction work”), the Plaintiff organized a consortium with the Plaintiff, the joint supplier, the emulcian tramway Co., Ltd. (hereinafter “Titsung Tramway”), the emulculation Construction Co., Ltd., and the emulculation Tramway Co., Ltd., and the Plaintiff participated in the bidding, and entered into a construction contract with the Defendant on July 16, 2012.
C. However, on February 10, 2015, the Defendant, following the prior notice procedure, conducted by the Plaintiff on February 10, 2015, for three months from February 12, 2015 due to the following reasons:
5. A disposition of restriction on participation in a tendering procedure (not later than November) under Article 15(1) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party under Article 76(1)10 of the Enforcement Decree of the Act on Contracts to which the State Is a Party is subject to sanctions under Article 76(1) [Attachment 2] subparagraph 12(d) of the Enforcement Rule of the Act on Contracts to which the State is a Party, as to the instant construction project being implemented by the Defendant for which the period of sanctions under Article 76(1) [Attachment 2] subparagraph 12(d) of the Enforcement Decree of the Act on Contracts to which the State is a Party, as of January 2, 2014 and April 2, 2014, the Defendant C has taken a bribe of KRW 2,00,000 against Defendant C’s employees
(1) 【No dispute over the grounds for recognition, A.