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(영문) 서울고등법원 2019.12.17 2019누46413

경쟁입찰참여자격제한처분등취소

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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The total cost of the lawsuit after the appeal is filed.

Reasons

(3) On May 1, 2013, the Defendant Administrator of the Public Procurement Service, including the announcement of the tender of the Defendant, announced a bid for the annual unit price contract L 2013 (hereinafter “instant tender”). The main contents of the tender announced by the Defendant Public Procurement Service are as follows. The Defendant’s joint supply and demand organization and participating members of the Small and Medium Enterprise Cooperative (hereinafter “qualified Cooperative”) meeting the conditions for participation in competitive bidding among small and medium enterprises that can be supplied within the scope of competition market (No. 2012-146 of the public announcement by the Small and Medium Enterprise Administration) or the Small and Medium Enterprise Cooperative (hereinafter “Qualification Cooperative”) meeting all the qualifications prescribed in Article 9(2) of the Act on the Promotion of Public Procurement and Development of Agricultural and Medium Enterprises (hereinafter “Party 3”), the Plaintiff’s joint supply and demand organization and participating members of the Small and Medium Enterprise and Disabled Enterprises (Public Notice No. 2012-1, Jan. 1, 2012) are not assigned to the Plaintiff’s member of the Public Procurement Service after the contract signing Agreement.

AB concluded the agreement.

The Plaintiffs entered into the instant contract as a member of each association as above.

However, in 2012, Plaintiff H entered into a contract as a member of Q Cooperatives, but Q Cooperatives entered into the instant bidding in 2013.