입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is a company established for the purpose of civil engineering and construction work business, and the defendant is a quasi-government agency established for the purpose of formulating mining damage prevention plans by mine and devising mining damage prevention measures.
On March 5, 2012, the Defendant announced a public announcement of the tender regarding the “working design for the restoration of soil contamination” (hereinafter “instant service”).
On March 18, 2012, the Plaintiff received the inspection report on April 5, 2012 by requesting the soil contamination analysis on the land located in 142 in Yacheon-gun, Gangwon-do (hereinafter “142 land”) and the land located in Yacheon-do, 472 in Yacheon-gun, Gangwon-do (hereinafter “472 land”) at the soil environment analysis center of Yanam-do, Chungcheongnam-do (hereinafter “Seoul-do”).
(hereinafter “this case’s test report”). The test report of this case merely marks 142 land as one soil borrow 1, and 472 land as two soil borrow 2, and the detailed lot number of soil borrow 1 and 2 is not indicated. The soil borrow 1 and 2 are not likely to exceed 50% of the soil contamination level.
On April 23, 2012, the Plaintiff submitted a bid proposal accompanied by the instant test report to the Defendant on the registration of participation in the instant service.
On May 14, 2012, the Plaintiff entered into a service contract with the Defendant for the contract amount of KRW 275,141,00, and the completion date until March 9, 2013 (hereinafter “instant service contract”).
On March 11, 2013, the Plaintiff submitted to the Defendant a report on the shop design for the soil improvement and restoration project of Gangseowon mine (hereinafter “instant shop design report”) accompanied by the instant test report along with the completion report on the instant service.
In the execution design report of this case, the land located in 460 Yacheon-ri, Yacheon-do and land located in 470 Yacheon-ri, Gangwon-do Yacheon-gun, and land located in 470 Do; hereinafter referred to as "460, 470."