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1. The Defendant’s disposition of restricting participation in bidding by unjust enterprisers against the Plaintiff on February 28, 2018 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. In around 201, the Plaintiff ordered “B” as ordered by the Hanam-si (hereinafter “instant construction”) and performed the 22-place C construction in the Hanam-si (hereinafter “instant construction”).
B. From October 26, 2015 to November 23, 2015, the Board of Audit and Inspection conducted an inspection on the actual condition of goods, equipment, etc. from the date of inspection, and determined that the Plaintiff failed to perform the construction work (a total of KRW 80,635,00,00) of the instant construction work.
C. On July 27, 2016, the Defendant, on the ground that the Plaintiff performed part of the instant construction, as seen above, and carried out a disposition restricting the Plaintiff’s participation in bidding of unjust enterprisers from July 28, 2016 to June 27, 2017 (hereinafter “prior disposition”), based on Article 31(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”), Article 92(1)1 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Local Contract Act”), and Article 76(1) [Attachment 2] of the Enforcement Rule of the same Act (hereinafter “Enforcement Rule of the Local Contract Act”).
On March 24, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the instant prior disposition by Suwon District Court 2017Guhap63192. On November 21, 2017, the said court rendered the instant prior disposition on the premise that the Plaintiff had failed to perform the construction work (the construction cost of KRW 80,635,00) for a total of 3,424 meters among the instant construction works. The portion of the Plaintiff’s construction work actually or incomplete is total of 2,598 meters (i.e., the construction cost of KRW 1,826 meters). The damages incurred at subordinate City are only 11,497,182 won, and Article 76(4) of the Enforcement Rule of the Local Contract Act provides that the limitation period for participation in bidding against unjust enterprisers may be mitigated.