beta
(영문) 서울행정법원 2017.12.07 2016구합74101

입찰참가자격제한처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiffs on August 31, 2016 on the restriction on qualification for participation shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Republic of Korea (hereinafter “Defendant”) planned a project to build D (hereinafter “D construction project”) around 484,000 square meters (hereinafter “instant project site”) at the coast of C (hereinafter “instant project”).

B. D Construction Project is divided into: (a) the Gun warship, the 1, 2, and the construction works for installing a breakwater (harbors 1, 2) and the construction works for installing the station facilities installed in the naval unit (land surface 1, 2, and 1, 2); (b) the Defendant first planned to perform the construction works for “construction works for the port 1, 2,” and “construction works for the port 2, port 2,” and the construction works for reclaiming the instant project site after performing the construction works for the port 1,2, and the construction works for the main 21, such as the main dong, etc. and the lodging 12, including the “land 1,2,” and the construction works for the appurtenant facilities.

C. The Defendant entered into a contract for construction works with the joint contractors with the representative Samsung C&T Co., Ltd. and the joint contractors with the representative company for the Daelim Industry Co., Ltd. (hereinafter “T&T”) (hereinafter “T&T”) and the joint contractors with the representative company for the construction of the port Section 2, respectively.

On June 8, 2012, when the Maritime Affairs and Fisheries Corporation was in progress, the Maritime Affairs and Fisheries Corporation announced a public announcement of the tender for the land section construction in the design and package deal method.

Plaintiff

On April 2013, A Co., Ltd. (hereinafter “Plaintiff A”) organized a joint supply and demand organization to participate in the bidding of new East Asia Construction Co., Ltd., EEEX Construction Co., Ltd., Seoul Specialized Construction Co., Ltd., Ltd., and C Co., Ltd., Ltd. and land joint supply and demand organization (hereinafter “instant joint supply and demand organization”), and the instant joint supply and demand organization, etc. entered into a contract for construction works with the Defendant (hereinafter “instant contract”) on October 18, 2013 upon receiving the contract for the said construction.

E. On August 31, 2016, the Defendant issued the instant case by the Plaintiff A.