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(영문) 서울고등법원 2018.04.24 2017누77390
중소기업자간 경쟁입찰 참여자격 취소 등 처분 취소 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts added, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of the 8th judgment of the first instance, 2 '84 times' shall be added to the "84 times" and the attached Form shall be added to this judgment.

The following shall be added to the 6th day below the 11th day of the first instance judgment:

Unlike Article 76(1) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, Article 76(1) of the Act on Contracts to Which the State Is a Party provides that “a party to a contract, bidder, or a person who submits a quotation through the Electronic Procurement System,” Article 8(3) of the Act on the Development of Market Support shall be limited to cases where a small and medium business proprietor who participates in competitive bidding between small and medium business proprietors has committed an unfair act, such as collusion

Therefore, it is reasonable to view that the act of having a certain person conclude a free contract by hindering the establishment of competitive bidding itself through collusion also constitutes “an act where a small and medium enterprise owner participating in competitive bidding among small and medium enterprises has committed an unfair act, such as collusion,” as stipulated in Article 8(3) of the Act on the Development of

The member companies of this case failed to intentionally select a successful bidder in excess of the expected price, so that they failed to observe the contract publicly announced by the initial limited competitive bidding method, and had the ordering agency convert the contract method into a negotiated contract, and interfered with the bidding by the method such as ordering the specific company to receive the contract.

The following shall be added to 5 pages 14 of the judgment of the first instance.

The number of successful bidding awarded by the plaintiff alone or by organizing a joint contractor shall be 84 cases, and the successful bid shall be awarded.

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