logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.07.24 2014구합23087
영업정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a comprehensive construction company with the purpose of landscaping construction business.

B. Around June 11, 2013, the Defendant paid KRW 2,00,00 to C headD of Busan Metropolitan City, to the Plaintiff on the ground that the representative director of the Plaintiff would be able to enjoy convenience in relation to E landscaping works. On December 8, 2014, the Defendant issued a disposition of suspension of business for two months (from January 8, 2015 to March 7, 2015; hereinafter “instant disposition of suspension of business”) following the hearing procedure pursuant to Articles 38-2 and 82-2 of the Framework Act on the Construction Industry, etc., and the former Enforcement Decree of the Contracts to which the Local Government is a Party (amended by Act No. 1200, Aug. 6, 2013; hereinafter “former Contracts Act”) and Article 31 of the former Enforcement Decree of the Contracts Act (amended by Presidential Decree No. 12683, Jan. 26, 2013; hereinafter “former Enforcement Rule”).

(hereinafter referred to as “instant disposition of restriction on participation in the tendering procedure”). [Grounds for recognition] The fact that there is no dispute, Gap’s 1 through 7, Eul’s 1 through 25 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff should have made an illegal solicitation in order to suspend the business of this case; (b) the Plaintiff offered money and valuables in relation to the implementation of the contract in order to restrict the participation in the instant disposition; (c) the bid and contract with the E-Landscaping is not located in the Busan Metropolitan City Accounting Property; (d) there was no illegal solicitation in delivery of the instant money and valuables; and (c) the time when the Plaintiff delivered money and valuables to D before the E-Landscaping was concluded. In light of the above, the Plaintiff offered money and valuables to D while making an illegal solicitation in relation to the performance of the E-Landscaping.

arrow