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

A. On April 1, 2015, the Gwangju Regional Government Procurement Service (hereinafter “the instant repair project”) revoked a public announcement of tender for the repair project of Jinnam-si Cultural Heritage located at the time of flooding construction cost of 12,735,779,500 (hereinafter “the instant repair project”). On April 20, 2015, the second public announcement of tender was made on April 20, 2015, but the second public announcement of correction was made on two occasions.

On August 28, 2015, the date of opening the bids was determined on September 22, 2015.

B. The instant repair work shall be assessed on the basis of the total sum of performance records of the cultural heritage construction work completed within the last three years counting from the date of the public announcement of the tender, which is one of the items to be examined as a subject of qualification examination, and the successful bidder shall submit a performance certificate for each contract.

In addition, the repair work of this case is the construction to which the local compulsory joint contract applies, general cultural heritage repair business (repair Agency business) and all construction business (or civil construction business) and Jeonnam-do local enterprise which have registered all construction business shall participate in construction at least 40/100 of the total construction cost, or shall independently make a tender.

C. As the Plaintiff was unable to make a single bid because it was an enterprise with its head office in the city of public procurement, the Plaintiff agreed to participate in the bid for the instant repair project conducted through an electronic bid by forming a joint supply and demand organization (the Plaintiff’s share 60% in the Plaintiff, the Defendant’s share 40% in the Defendant, and the joint supply and demand organization formed by the Plaintiff and the Defendant) with the Defendant having its head office in the area of Jeonnam-do, and filed an application for participation in the bid on September 21, 2015 through the National Integrated Procurement System.

As a result of the opening of the instant repair works conducted on September 22, 2015, both Co., Ltd. were selected as the first and second successful bidders, respectively, but both Co., Ltd were excluded from the examination scores.

On October 1, 2015, the Gwangju Regional Government Procurement Service requested the instant joint contractors to submit the examination documents, such as a certificate of performance of construction.

(e).