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(영문) 제주지방법원 2018.11.21 2018구합5011

부정당업자제재처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 25, 2017, the Defendant: (a) conducted “B business” (hereinafter “instant business”); (b) conducted a pre-standard disclosure period from September 26, 2017 to October 11, 2017; and (c) announced a tender on the Internet “Bater” website, which is the National Integrated Electronic Procurement System, for the selection of a business operator.

The basic amount of the project in this case is KRW 90 million, the successful bid price is KRW 84.245%, the opening date is October 2017. The public notice of tender includes the following: “The contents and amount of the relevant agreement shall be confirmed and the time for participation in the tender shall be determined because the technical assistance agreement has been concluded with the manufacturer (supplyr) among the details of the goods in this project,” and “all enterprises that intend to participate in the tender shall be aware of all the matters necessary for the tender, such as the national comprehensive electronic procurement system of electronic subscription, the 11st bidding note of the standards for bid and execution of the local government, the general conditions for the purchase of goods, the special conditions for the purchase of goods, the conditions for the purchase of goods, and the specifications of goods, etc., and all the bidders shall be able to participate in the tender.”

B. The Plaintiff participated in the instant bidding with the bid amount of KRW 75,955,380 (the bid rate of KRW 84.678%). On October 20, 2017, C, a person in charge of the instant project, who was an employee of the Defendant, was selected as a person eligible for the qualification examination in the first order as a result of opening the bid on October 20, 2017, the Plaintiff informed the representative of the Plaintiff who was in a pro rata relationship of the fact.

C. On October 20, 2017, the Plaintiff submitted to the Defendant a written request for the revocation of the submission of a tender on the ground that “the Plaintiff is erroneous in the bid amount due to mistake in the details of the supply of goods.” On October 23, 2017, the Plaintiff submitted a reply from the Defendant that “it is impossible to revoke the submission of a tender after the opening of the tender according to the relevant laws and regulations” with the Defendant’s reply that “the submission of a tender is impossible after the opening