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(영문) 서울행정법원 2018.01.12 2016구합83297
중소기업자간 경쟁입찰 참여자격 취소 및 참여자격 취득제한 처분 취소 청구의 소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is a company that runs the production and sale of high-Robbery concrete files (PHC files) established on December 20, 2012. The Plaintiff is a company that runs the production and sale of high-Robbery concrete files (PHC files).

On the other hand, on February 1, 2013, the Plaintiff entered into a contract to acquire all rights and obligations related to the PHC file production and sales business from a stock company B (hereinafter “B”) and assets and liabilities.

Korean Won-Seung concrete industrial cooperative (hereinafter referred to as the "cooperative of this case") is a non-profit corporation established with the main objective of the development of the concrete industry and promotion of the welfare of its members by domestic small and medium enterprises producing PHC files that reinforce the tobacco powder base around February 1990, the original decision-making process concrete fume, sewage pipes, electricity transmission and distribution, and concrete poles for communications.

17 small and medium enterprises running the PH file production and sales business including the Plaintiff (hereinafter collectively referred to as the “instant member companies”) are members of the instant association (hereinafter referred to as the “instant member companies”).

The prosecutor, in collusion with 23 executives and employees of the instant member companies, including C and D, the representative director of the Plaintiff, from July 201 to May 24, 2016, the instant association and the instant member companies from July 201, to May 24, 2016, designated a successful bidder in advance (the instant association or the instant member companies), and designated a successful bidder in advance (the instant association or the instant member companies), and reflected the bid in the amount of the pre-determined bid with the amount of the bid, and the premium shall be deposited with the higher amount than this.

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