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(영문) 대구지방법원 2015.01.14 2014구합21143
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting participation in bidding against the Plaintiff on May 27, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development, etc. of electric resources for business purposes, and was changed to a “market-type public corporation” under Article 2011-1 of the Ministry of Strategy and Finance notice pursuant to Article 6 of the Act on the Management of Public Institutions.

나. 원고는 2010. 5. 12. 피고와 사이에 B원자력 발전소 제1, 2호기에 사용될 여자(勵磁)시스템 공급계약을 체결하였는데(이하 ‘제1계약’이라 한다), 그 주된 내용은 제1, 2호기에 각 2세트씩 합계 4세트의 여자시스템을 설치하고, 제1호기 여자시스템에 추후 사용될 예비 자재를 공급하는 것이었다.

C. On April 11, 201, the Plaintiff entered into a supply contract (hereinafter “instant contract”) with the Defendant on the reserve materials of the second female system (hereinafter “reserve materials”) (hereinafter “instant reserve goods”) (hereinafter “second contract”) (hereinafter “instant contract”) and submitted five copies of the integrated test report (i.e., the evidence No. 9-1 to 5; hereinafter “instant test report”) on the main and reserve materials of the second period (i.e., the first and second contract, the “instant contract”); and (ii) the supply of goods to the Defendant under the said contract, and (iii) received from C (hereinafter “C”).

Since then, the Defendant confirmed that the instant test report was forged, followed by deliberation by the Special Contract Deliberation Committee on May 9, 2014, and on May 27, 2014, on the grounds that the Plaintiff constitutes “a person who forges, alters, or wrongfully uses any document concerning tendering or contract or who submits any false document”, Article 39 of the Public Institutions Operation Act, Article 15 of the Rules on Contracts Affairs of Public Corporations and Quasi-Governmental Institutions, Article 76(1)8 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”), Article 76(1) [Attachment 2] of the Enforcement Rule of the State Contracts Act.

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