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(영문) 서울행정법원 2015.01.22 2014구합2607
부정당업자제재처분취소
Text

1. The Defendant’s disposition of dismissal of unjust enterprisers against the Plaintiff on January 22, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 9, 2013, the Defendant: (a) performed a public announcement of tender (hereinafter “instant public announcement”) with respect to radio bomb/ alarm devices (harmful animal bombing devices”) 11 set forth as follows.

The name of bid: The period of delivery of the unit of 1266 unit for the Army: The estimated price of 60,770,000 won (excluding added tax) shall be determined within 90 days after the date of the contract: The bidder may not conclude the contract, or may incur disadvantages such as restrictions on participation in the tender for a certain period of time due to sanctions against the improper businessman in accordance with the related Acts and subordinate statutes if the bidder fails to enter into the contract and fails to perform the contract, etc., and the standard specifications and contract-related provisions of the tender notice shall be thoroughly reviewed and underground, and the time shall be determined by thoroughly participating in the tender.

The detailed specifications, name, quantity, delivery deadline, etc. shall be referred to in the attached specifications, and the standard specifications shall be sufficiently familiar with the underground, and the time of participation in the tender shall be the time of participation in the tender.

(E) All liabilities arising out of the failure to understand the attachment are known to the tenderer with regard to the specification: A procuring entity;

B. The letter of request for purchase of the radio-frequency/Alarm system attached to the above announcement of tender contains ① the weight, effective radius, length of the launching apparatus, maximum width width, size of width, material, operating method, ② sound strength of the lighting or sound alarm apparatus, spackers/hours, operating method, ③ operating range of control equipment (on-site control apparatus), ON/OF operation control, and specifications required by the military, such as the radio frequency spectrum station, etc., as well as the basic specifications and performance of the instant device, and the specifications required by the military.

C. On April 24, 2013, the Plaintiff, a stock company, engaged in wire and wireless communication equipment, industrial radio measurement and control business, etc., was selected as a successful bidder. The contract price of the instant equipment with the Defendant is KRW 57,00,000,000.

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