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(영문) 부산고등법원(창원) 2020.02.05 2019누11500

입찰참가자격제한처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for the court's reasoning for this case is that "2018Nu10116" in the third 13th 13th 13th 2 of the judgment of the court of the first instance shall be "2018Nu10166", and even if the plaintiff's act does not fall under subparagraph 3 (a) (a) of attached Table 2, unlike the design drawing as seen above, it shall not be deemed that the plaintiff's act constitutes "a person who illegally executes construction, such as using other materials lower than the standard size in the design drawing," as stated in subparagraph 3 (b) (b) of attached Table 2, unless it is evident that the plaintiff's act falls under subparagraph 3 (b) (b) of the attached Table 2, and it shall not be deemed that the plaintiff's act constitutes "a disposition of restricting the participation in the tendering procedure for not less than 5 months" in the 7th 13th 13th 2nd 7th 201."

Therefore, based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, it is quoted.

If so, the plaintiff's claim shall be dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion.

Therefore, the plaintiff's appeal is dismissed. It is so decided as per Disposition.