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(영문) 대구고등법원 2015.06.12 2015누4182

입찰참가자격제한처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant’s act on December 18, 2013 to the Plaintiff.

Reasons

1. The court's explanation about this case is the same as the statement on the grounds of the judgment of the court of first instance (excluding the suspension of execution of the disposition of this case under paragraph (3)). Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Although the suspension of execution of the instant disposition is revoked by the court, if the validity of the instant disposition is maintained until the judgment of the court of final appeal is rendered, it is deemed that there is an urgent need to prevent it since it could cause irrecoverable damage to the Plaintiff, and there is no other evidence to deem otherwise that the suspension of the instant disposition might have a significant impact on public welfare. Thus, the instant disposition shall be suspended ex officio until the judgment of the court of final appeal is rendered.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.