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(영문) 서울행정법원 2017.10.13 2016구합83815
중소기업자간 경쟁입찰 참여자격 취소 등 처분 취소 청구
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 engages in the production and sale of high strength concrete files (PHC files).

B. The cooperative B (hereinafter “the cooperative of this case”) is a non-profit corporation established with the main objective of the development of concrete industry and the promotion of the welfare of its members by the domestic small and medium enterprises producing PHC file that reinforces the tobacco powder base around February 1990, sewage pipes of the lower court-oriented concrete fume, power transmission pipes, and concrete poles for communications.

The 17 small and medium enterprises (the Plaintiff, the name file company, the member text file company, the member text company, the Yuchiex company, the Jungjin Industry Co., Ltd., the Sungjin Industries Co., Ltd., Seosan, Seosan, Seosan Industries Co., Ltd., and the Young PH file Co., Ltd., the Sungwon file Co., Ltd., the Geumsan Co., Ltd., the Geumsan Co., Ltd., the Middle Contex Co., Ltd., the Samsung C&M company, the SamsungM case, the Samsungwa Holdings Inc., the hereinafter “member companies of this case”).

[2] This is a member of the above association.

C. The prosecution held office from February 201 to February 28, 2015 as the auditor of the instant union. From March 1, 2015 to March 1, 2015, 23 executives and employees of the instant member companies, including C, who were in office as the president of the instant union, conspired with 23 executives and employees of the instant member companies, including C, from July 201 to May 24, 2016, the instant union and its member companies were scheduled to award a successful bid in advance (the instant union or the instant member companies) for the government-class PHC file purchase bid among the instant member companies and the instant member companies, and the said companies were to submit a bid at a price higher than the pre-determined bid price, and the remaining companies are to receive a successful bid price by intentionally failing to participate in the relevant bidding, to comply with a bid, to make a private bid or to exceed the estimated price.

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