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(영문) 서울행정법원 2020.06.05 2017구합67704
입찰참가자격제한처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On January 13, 2016, Plaintiff A, Plaintiff B, and Plaintiff C were divided from Plaintiff E Co., Ltd. (formerly named “F”) (formerly named “Co., Ltd.”).

Plaintiff

E Co., Ltd. (hereinafter “Plaintiff A”), “Plaintiff B,” “Plaintiff C,” and “Plaintiff E,” respectively, are affiliates of the I Group as companies engaging in the manufacture and sales business of asphalts.

Plaintiff

G served as the president of the I Group, and Plaintiff H as the vice president, and as the representative director of the Plaintiff A, C, and Plaintiff E during the period of unfair political activity mentioned later, “from July 28, 2012 to April 1, 2016.”

B. The Plaintiff Company is a member of the “J association”, “K association”, “L association”, and “L association”, respectively, under the Small and Medium Enterprise Cooperatives Act composed of manufacturers and distributors of the Seoul, Gyeonggi, and Incheon region, and all of the above associations are cooperatives.

Plaintiff

From January 2009 to April 201, companies concluded each of the instant agreements (hereinafter “each of the instant agreements”) through each of the instant agreements with the Seoul Regional Procurement Service and Incheon Regional Procurement Service, and the Small and Medium Enterprise Cooperatives under Article 35(1) of the Small and Medium Enterprise Cooperatives Act, which is a collective contract under Article 22 of the State Contracts Act, and which is a unit price contract under Article 22 of the State Contracts Act.

Each contract of this case was executed in the order of "distribution to the plaintiff company that requested the Public Procurement Service to purchase the goods from the institution or the counter-party that requested the Public Procurement Service to purchase the goods of the contract (the institution that received the goods from the institution or the counter-party that requested the Public Procurement Service to purchase the goods of the contract)" in the order of "distribution to the plaintiff company that supplied the goods of this case to each of the plaintiff company that is a member of the Association."

(c).

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