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(영문) 서울고등법원 2017.07.14 2016누78372

과징금부과처분 등 취소 청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts based on which there is no dispute over the details of the relevant disposition or facts (based on recognition), A1, and the purport of the entire pleadings;

A. The Plaintiff’s status and the Plaintiff Company B (hereinafter “stock company”) are business operators running mining damage prevention projects.

The general status of the Plaintiff and B shall be as follows:

(As of the end of 2015. As of the end of 2015, the number of full-time employees of the net income for the net income during the sales of the business entity (including KRW 00,000,00) in 2015, Plaintiff 9,513 600 280 2280 226 B 326 43 B 226 326 △△ 2684 △△

B. The project to prevent the loss of the C mine wastes (1) project outlined in the project (hereinafter “the project in this case”) is a project to install teas facilities to prevent the generation of c mine wastes, and to prevent the re-harm of mines by concentrating rains, etc. by taking advantage of soil and planting, etc.

(2) The bid method of the instant project was a joint contract method in which at least four joint contractors can participate in the limited competitive bidding process, which is a limited competitive bidding process that allows only those registered as a specialized mining damage prevention business entity in the field of mine wastes from the Ministry of Trade, Industry and Energy.

The selection of a successful bidder shall be conducted both the technology evaluation (80%) and the price evaluation (20%). A person who has received at least 68 points in the technology evaluation from the proposal shall be selected as a negotiating person, and a person who has the highest score in addition to the technology evaluation score and price evaluation score from among the negotiating persons shall be selected as a priority negotiation person, and the contract has been concluded by negotiating from the priority negotiation object in turn.

(3) The first bidding conducted on December 24, 2012 (the closing date of the bidding participation registration) was conducted on two occasions on the present status of the bidding promotion and the bidding result. The bidding was conducted on February 14, 2013 by the Plaintiff’s joint supply and demand organization. The bidding was conducted on February 14, 2013.