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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. The Plaintiff, a company engaged in the safety inspection and safety diagnosis of public structures in Busan Northern-gu B, provided the Defendant with precise safety diagnosis services from December 26, 2012 to February 23, 2013; (a) D structure stability review services around May 2013; (b) E solar power generation facility structural review services around June 2014; and (c) F precise examination services around February 2015.
B. The Plaintiff’s representative G lent KRW 10 million to the facilities of the Busan Metropolitan City I management office and public officials J on August 22, 2013, which were in charge of H’s maintenance, repair, supervision of government-funded construction works, and selection of a negotiated business entity, without interest, and received reimbursement on October 5, 2013. The Plaintiff’s representative G lent KRW 7 million on June 18, 2014 to a non-interest, and received reimbursement on October 15, 2015.
C. On April 22, 2016, J was sentenced to a suspended sentence of a fine of KRW 3 million on July 1, 2016, which was charged by this court 2016Dahap2555 with respect to the facts constituting the crime of bribery for which a public prosecutor appealed to Busan High Court 2016No472, but the said judgment was finalized on October 14, 2016.
On June 9, 2016, the head of the Busan Metropolitan Government Office notified the Plaintiff of the prior notice of disposition and the holding of a hearing. On August 2, 2016, the Defendant rendered a disposition (hereinafter referred to as “instant disposition”) under Article 31 of the Act on Contracts to Which a Local Government Is a Party on the ground that the Plaintiff provided money to relevant public officials, Article 92 of the Enforcement Decree of the Local Contracts Act, and Article 76 of the Enforcement Rule of the former Local Contracts Act (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 81, Sept. 13, 2016; hereinafter the same shall apply) to restrict the Plaintiff from participating in the tendering procedure for two months (from August 10 to October 9, 2016).
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 7, and Eul evidence 1 and 2.