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(영문) 광주지방법원 2015.02.12 2013구합10847
입찰참가자격제한처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

3. The Defendant is against the Plaintiff on October 30, 2013.

Reasons

1. Basic facts

A. The Plaintiff’s status and Daelim Industry Co., Ltd., Hyundai Construction Co., Ltd., and Kook Global Co., Ltd. (hereinafter “Co.”), omitted, and four companies including the Plaintiff, etc. engaged in the construction business.

B. The Defendant, through C Public Procurement Service, publicly announced the bid for “B construction” (hereinafter referred to as “instant construction”) with the following content (hereinafter referred to as “instant bid”).

(1) The estimated cost of construction works from among design and construction works. (2) The method of determining a successful bidder (including additional taxes): The method of determining a successful bidder (including the eligible person for the shop design) who is at least 92,265,00,000 won; (3) the method of determining a successful tenderer (including the eligible person for the shop design) after giving a specific weight to design score and price score, from among the eligible persons for design whose design score (80 points) is higher than the standard method of weight, and then determining the highest person whose total score is

C. On February 14, 2011, four companies, including the Plaintiff, etc., agreed to participate in the bidding by organizing a separate joint supply and demand organization in the bidding of the instant case. The Plaintiff joint supply and demand organization, compared to the notified amount, agreed to participate in the bidding by 94.33% in the bid of the bid of the instant case (hereinafter “instant agreement”). The Plaintiff joint supply and demand organization, 94.44% in the public notice amount, modern joint supply and demand organization, 94.39% in the modern joint supply and demand organization, 94.275% in the bid of the 94.275% in the bid of the Coul global joint supply and demand organization

On the other hand, each joint contractor except modern joint contractors provided a bribe or expressed an intention to provide a bribe for the purpose of obtaining contracts for the instant construction project.

Plaintiff

On March 3, 201, four joint contractors, etc. participated in the bidding of the instant construction project at an amount agreed upon as above, and on April 25, 2011, the large-scale joint contractors were selected as successful bidders.

The Fair Trade Commission shall make an agreement on February 25, 2013 to issue an order for correction and payment of penalty surcharges.

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