1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff (former Mutual Company B) is a company that runs a system integration (SI), software development, and sales business with the head office in Gwangju, and carries out various projects related to the maintenance and repair of the C Center, which is an affiliated agency of the Ministry of Government Administration and Home Affairs (hereinafter “C Center”).

The Plaintiff’s former representative director D (Resignation on July 1, 2013) and E, who is a public official of the C Center, has received from D from around 2008 to request D to change various conveniences for the participation in maintenance and repair of maintenance and repair of the C Center’s national tax, and upon receipt of such a request, received five million won for five times from June 9, 201 to August 2012, and received five million won in total on five occasions, and received a bribe in connection with the public official’s duties, and D offered a bribe in connection with the public official’s duties by delivering five million won to E, as above, was convicted on September 10, 201 (Seoul District Court Decision 2014Da4686), and the above judgment of the appellate court became final and conclusive through the Supreme Court Decision 2015No25050, May 25, 2015 (Supreme Court Decision 2015No4686).

On August 11, 2016, Article 27(1) of the former Act on Contracts to Which the State is a Party (amended by Act No. 11547, Dec. 18, 2012; hereinafter “State Contract Act”); Article 76(1)10 of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 24601, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contract Act”); Article 76 [Attachment 2] of the former Enforcement Rule of the Act to which the State is a Party (amended by Ordinance of the Ministry of Strategy and Finance No. 360, Sept. 23, 2013; hereinafter “Enforcement Rule of the State Contract Act”); Article 76 [Attachment 2] [Attachment 12] of the former Enforcement Rule of the State Contract Act to restrict participation in bidding for the Plaintiff during a period from August 19, 2016 to November 18, 2016 (hereinafter “instant”).

【Ground of recognition】 There is no dispute, A.