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(영문) 대구지방법원 2015.09.23 2014구합22863
부정당업자 입찰참가자격제한처분 취소
Text

1. The disposition of restricting the participation of unjust enterprisers against the Plaintiff on November 11, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established in France on June 19, 200 and engaged in the import and export business of major parts, equipment, etc. related to nuclear power generation. The Defendant was designated as a “other public institution” under Article 5 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), and was changed to a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Public Institutions Operation Act.

B. On August 1, 2008, the Plaintiff entered into a supply contract with the Defendant on 50 electric current converters (hereinafter “instant supply contract”) to be used in the first term between the Defendant and the Defendant (hereinafter “instant quality guarantee contract”), and submitted to the Defendant a letter of quality assurance, a false document, as indicated below, (hereinafter “instant quality guarantee certificate”).

1) The name of the issuing authority: ① Contract number 2. (3) The contract date. (4) The name of the product related to the contract amount (number) 1 Eerdis (Eerdis) 1 U08042211 December 1, 2008 1.3, 2008 479,563 U.S. 479,563 4. The quality assurance certificate (50EA) on September 22, 2008, shall be issued.

C. On November 11, 2014, Article 39 of the Public Institutions Operation Act, Article 15 of the Rules on Contracts of Public Corporations and Quasi-Governmental Institutions (hereinafter “Rules on Contracts of Public Corporations”), Article 76(1)8 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “Enforcement Decree of the State Contracts Act”), Article 76(1) and [Attachment 2] 10(b) of the Enforcement Rule of the same Act.

Title, Article 26 of the defendant's contract rules, Article 97 (1) 8 of the Enforcement Rule of the contract rules and Article 10 (b) of the attached Table 10.

According to the item, six months of the tender conducted by the defendant, 2014.

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