입찰참가자격제한처분취소
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.
1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the grounds for appeal or addition of the judgment as to the allegations made by the plaintiff in the trial of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act
2.The following shall be added between 3rd and 18 of the judgment of the first instance.
“E. However, the Defendant is a party to the contract to which the local government was a party, as amended by Act No. 12000 on August 6, 2013, among the bid bid awarded by the Plaintiff due to the instant collusion (hereinafter “Revised Local Contract Act”).
(2) Prior to the enforcement on February 7, 2014, an end-user institution was designated as 57 items (36,227,346,410 won in total) listed in the tender details list, except for the bid cases that the end-user institution is a local government, ② the bid cases where the end-user institution is another public institution, ③ the public announcement institution was designated as 57 items (36,227,346,410 won in total) listed in the tender details list. The Defendant led collusion in the initial 59 bidding (successful bid amounting to 36,941,06,06,060 won), but finally specified that the Defendant led collusion in the preparatory brief from September 5, 2018 (successful bid amounting to 36,227,346,410 won in total).
In the 8th sentence of the first instance court, “(2016Da4187, 5376)” was added to “The Defendants, including S, appealed against the above judgment, but the Seoul Central District Court dismissed the above appeal on February 3, 2017 (2016No3816), and the present Supreme Court’s final appeal is continuing (2017Do3426).”
The 98th "98th" of the 8th judgment of the first instance shall be deemed to be "57 times", and the 19th "92,82,178,482 won" shall be deemed to be "36,227,346,410 won" at the time of the instant disposition.