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(영문) 대전지방법원 2019.05.30 2018구합102934
입찰참가자격제한처분취소
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 corporation that operates and manages construction business (civil engineering and building business, landscaping business, etc.), electricity and fire fighting business, public sewage treatment plant, etc.

The Plaintiff constituted a joint contractor with C (hereinafter referred to as “C”) and entered into a contract for the integrated operation and management of environmental infrastructure facilities of B and B each year from 2011 to 2015 (hereinafter referred to as “previous contract”), and performed management services.

B. On June 30, 2015, the Plaintiff and C requested the Defendant to renew services for the management of environmental infrastructure facilities at B.

On September 21, 2015, the Defendant held a committee for the selection of management agents of public sewage treatment plants at B, 2015, and notified the Plaintiff and C on September 25, 2015 that the said service contract will be renewed (five-year extension).

C. On December 28, 2015, the Plaintiff and C entered into an agreement on the vicarious management of environmental infrastructure facilities at B with the period of five years from January 1, 2016 to December 31, 2020, and the period of five years from January 31, 2016 to December 31, 202. On January 8, 2016, the Plaintiff and C entered into an agreement on vicarious management of environmental infrastructure facilities at B with the term of contract from January 1, 2016 to December 31, 2016 (hereinafter “instant agreement”).

On July 7, 2017, D, the Plaintiff’s regular director, received a summary order of KRW 15 million (Seoul District Court Seosan Branch Court Decision 2017 High Court Decision 2017 High Court Decision 1762), and the said summary order was finalized on July 20, 2017.

Criminal facts

(Transaction) E worked as the head of the water supply and water supply team from January 1, 2015 to December 31, 2015; F as the head of the water supply and water supply operation team for the same period; G as the head of the water supply and water supply operation team for the same period; H from June 23, 2013 to December 31, 2015; and I, from January 1, 2014 to June 30, 2016, respectively, worked as the waterworks and water supply and water supply team leader; and J, as the police assigned for special guard, from around 209.

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