입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
1. Details of the disposition;
A. On May 2016, the Plaintiff entered into a contract with the Intervenor to the Intervenor (hereinafter “the Intervenor”) by July 15, 2016, on the following grounds: (a) the Plaintiff participated in the bid for the Class 5 (3D processing machine, 3D cans system, and reverse design S/W) of the Equipment Purchase of the Yongsan University Industrial Technology Education Center; and (b) purchased the 3D printing machine from the Gwangju Regional Public Procurement Service and the 3D printing machine, and supplied it to the Intervenor by July 15, 2016 (hereinafter “instant commodity contract”).
In the instant goods contract, the rate of liquidated damages was set at 0.15% per day.
B. The Plaintiff failed to supply 3D printers by July 15, 2016, the delivery deadline.
On July 13, 2016 and July 15, 2016, the Plaintiff requested the Intervenor to extend the delivery period by September 2, 2016.
However, the Plaintiff failed to supply 3D printers to the intervenors beyond September 2, 2016.
C. On September 20, 2016, the Plaintiff requested the Gwangju Regional Procurement Service to terminate the instant product contract.
The Gwangju Regional Procurement Office notified the Plaintiff of the scheduled termination of the instant goods contract if there is no contract deposit, late September 20, 2016, around September 23, 2016, and around September 29, 2016, and about September 29, 2016.
On October 7, 2016, the Gwangju Regional Procurement Service notified the Plaintiff of the termination of the instant goods contract, where the Plaintiff did not make late payment of the contract deposit and did not deliver 3D franchises.
On November 3, 2016, the Defendant rendered a limitation on qualification for participation in bidding for six months (hereinafter “instant disposition”) on the ground that the Plaintiff did not enter into or implement a contract without justifiable grounds, or violated major terms and conditions of the contract specified in the tender notice and the contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings
2. The plaintiff's assertion
A. The instant disposition is unlawful on the following grounds that there is no ground for disposition.
1. The Plaintiff.