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(영문) 서울고등법원 2016.08.30 2016누37524

입찰참가자격제한처분취소

Text

1. The plaintiff B and D's primary claims added to the plaintiffs' appeal and the trial court are dismissed, respectively.

2. Appeal;

Reasons

1. Details of the disposition;

A. The status of the Plaintiff Company A (hereinafter referred to as “Y”) as the Plaintiff Company A, C and E, F, G, H, H, I, K, K, L, M, M, N, P, Q, Q, T, U,V,W, W, and X (the first trade name was changed to the current trade name on December 5, 2013, but the first trade name was changed to the current trade name on December 5, 2013), Z, AAB, AB, AC, AD, and AE (hereinafter referred to as “28 companies, including the Plaintiff Company”) is a corporation for business purposes, such as human researchdi sales, and constitutes a business entity provided for in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

B. (1) Some large-scale suppliers are engaged in the production, sale, and construction of human typists in the Republic of Korea, but most of the other suppliers are supplied and constructed by human typists, which reflects the characteristics of their own from large-scale suppliers, because they do not own human typ production facilities, and some of them directly import and sell human typists in a foreign country.

Therefore, in the production stage of the man-deplic, the suppliers and consumers, and the other competitors are in double-consignic relationship between the competitor and the competitor in the production stage of the man-deplic.

(2) approximately 90% of the quantity of human turf demand is the demand quantity for public institutions, such as local governments and local offices of education, and the demand quantity for private enterprises, etc. is about 10%, and it is very large in the public tender market.

C. The nature and current status of the public tender market for Cho Jae-d public is (1) the original public tender method (A) originally made by the procuring entity to designate the entity and the product independently, and accordingly, the Public tender for Cho Jae-d public was conducted by the Public Procurement Service to enter into a free contract with the designated entity at a unit price agreed upon by the procuring entity.

(B) On June 2008, the term “the two-stage competitive bidding method according to the multiple suppliers contract system” is “the two-stage competitive bidding method.”