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

A. On November 10, 2016, the National Armed Forces under the jurisdiction of the defendant issued a public tender notice to select an enterprise to execute the instant construction project (hereinafter “the instant tender”). The part related to the instant case among the methods of determining successful bidders included in the said public notice is as follows.

Method of determining successful bidder

A. This Corporation is a construction subject to the examination of qualifications, and the Ministry of National Defense’s directives on the criteria for the examination of qualifications for military facilities construction (hereinafter “instant directives”) are applied, and it is possible to confirm attached documents at the time of the public announcement of the tender and participate in the bidding.

C. The evaluation criteria shall apply the evaluation criteria of information and communications construction with an estimated price of less than five billion won (attached Form 4 of Article 2(1)4 of the instant Directive; hereinafter “the evaluation criteria of this case”) and the evaluation criteria of construction records shall be evaluated as an information and communications construction project.

When evaluating the performance of construction, it shall be evaluated as "a competitive construction project other than competitive bidding based on the results".

The examination of qualifications shall be conducted in the order of persons who have tendered at the lowest price among the enterprises whose price is at least 86.745% of the projected price, and shall be determined as a successful tenderer if the evaluation of performance ability (30 points) for the bid price has been acquired at least 9

On the other hand, the provisions pertaining to the instant directives and evaluation criteria are as follows.

Article 1 (Purpose) of the instant Directive is to determine the criteria for examination of qualifications applicable to contracts for facilities construction executed by the Ministry of National Defense, affiliated agencies, national armed forces/agencies, and armed forces (hereinafter “national defense agencies”) pursuant to Article 42 (5) of the Enforcement Decree of the Act on Contracts to which the State is a Party.

Article 2 (Evaluation Criteria) (1) The detailed evaluation of qualification examination shall be conducted to evaluate the ability to perform the relevant construction, the bid price, the appropriateness of the execution plan, and other causes of disqualifications related to the execution of the relevant construction, and the evaluation criteria shall be

4. Specialized construction works with an estimated price of at least one billion won, which is less than five billion won.