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(영문) 서울행정법원 2015.02.26 2012구합43109
입찰참가제한처분무효확인
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. On January 20, 201, the Plaintiff engaged in the manufacturing business of steel towers and steel structure, etc. concluded a contract with the Defendant to deliver 12 steel towers to supply electricity to the Pungnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Pung-gu 12 steel towers”) (hereinafter “instant contract”) in the order of delivery (hereinafter “instant contract”).

The Plaintiff supplied the entire 12 steel tower to the Defendant by March 17, 2012.

B. However, on March 19, 2012, there was an accident that cut two parts from the upper end of the wind control unit (six parts) of the wind control unit (six parts) to the street direction.

Article 39(2) of the former Act on the Management of Public Institutions (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Public Institutions Management Act”); Article 15(1) and (2) of the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 316, Jan. 25, 2013; hereinafter “former Enforcement Rule of the State Contracts Act”) on the ground that the Defendant requested the United Nations Co., Ltd. to conduct an inspection of wind 1, and on the basis of the result of the inspection, the Defendant: (a) caused multiple cross-road defects, such as occurrence of several cross-sections; and (b) the payment rate of the instant contract was 9.759%; and (c) thereby, (d) the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 2316, Apr. 1, 2013; hereinafter “former Enforcement Rule of the State Contracts Act”).

C. The defendant

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