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(영문) 대구고등법원 2016.05.27 2015누6775
입찰참가자격제한처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court’s determination on the grounds of the disposition and the defense of this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff merely delivered each of the test reports of this case submitted by the subcontractor to the defendant and did not know that each of the test reports of this case was forged or altered, and there was no fact that the test results of this case were involved therein. Thus, the plaintiff does not constitute "a person who is obviously likely to undermine fair competition or appropriate performance of contract."

B) In light of the following: (a) it was difficult for the Plaintiff at the time of submitting each test report of this case to the Defendant around 2008; (b) it was difficult for the Plaintiff to verify whether it was a forgery or alteration; (c) due care was paid to the Plaintiff; (d) the Plaintiff was not aware of the forgery or alteration; (e) the investigation agency was also aware of the Plaintiff’s damages incurred to the Plaintiff; and (e) the Plaintiff’s failure to discover suspicions about the alteration or alteration of each test report of this case; and (e) the Plaintiff’s repair of defects occurred due to the Plaintiff’s free replacement of parts related to each test report of this case at the Defendant’s request, etc., the instant disposition of this case is unlawful by abusing and abusing discretion; (b) the Defendant’s assertion that the degree of parts managed by the Defendant for the operation of a nuclear power plant is divided into Q&D class, safety impact class A, and general industrial class (S class); and (c) the submission of the aforementioned and altered test report to the Defendant is not guarantee the safety of the nuclear power plant.

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