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

A. On July 15, 2015, the Defendant publicly announced the Defendant’s tender for the construction work by electronic bidding method (hereinafter “instant tender”) with respect to “construction work for replacing pipes for power plant generation facilities in Blacksando (Public Notice Number: E01-15-05384, hereinafter “instant construction work”).

B. The Plaintiff and Daesung Construction Co., Ltd. (hereinafter “Largesung Construction”) participated in the instant bidding, and as a result of the opening of bids, Daesung Construction, which bided at the lowest price (225,836,90 won of the bid price) and the Plaintiff became subject to the examination of qualifications (25,845,321 won of the bid price).

C. The details of the criteria for the examination of qualifications for the instant bidding are as follows. The main contents of the criteria for the examination of qualifications for the instant bidding (hereinafter “the criteria for the examination of qualifications”) are as follows.

The criteria for examination of qualifications shall be allocated points for each item of examination criteria (numbered marks and detailed examination criteria by field of examination) as shown in attached Table 1.

(3) Detailed items and standards for examination by field of examination: Examination of qualifications shall be conducted within four days from the date on which the documents on examination of qualifications under Article 8 are submitted or supplemented, reference to the detailed standards for examination of qualifications (Method of Examination).

Provided, That where it is inevitable, the period may be extended by up to three days.

Article 10 (Determination and Notice of Successful Bidder) If the comprehensive score of the results of the examination under Article 9 is at least 95 points, a contracting officer shall determine as a successful bidder, for a person who has tendered at a minimum price below the budget price.

In such cases, when the same grade point is less than 95 points, the successful bidder shall be determined by examining the lowest price in the order of bidders as provided for in Articles 8 through 9 in the order of bidders.

(2) In determining a successful tenderer under the provisions of paragraph (1), if there are two or more persons who have tendered at the same price, a person whose comprehensive average score is the highest score as a successful tenderer shall be determined as a successful tenderer, and the examination score of capabilities shall also be