The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Basic Facts

On August 29, 2016, the Plaintiff selected a bid for waste treatment services and a successful bidder requested the Public Procurement Service to “tender for construction waste treatment services related to the expansion and reconstruction construction of high school teachers” in accordance with the request procurement contract provisions stipulated in the Act on Contracts to Which a Local Government Is a Party.”

Around September 2016, the Public Procurement Service made a public tender notice (hereinafter “instant tender”) with the following content at the Plaintiff’s request:

- Demand agency: Jeondo Office of Education - General competition - Contract method: Construction waste treatment services - Bidding method: General (total amount): - Permissible price: 513,823,636 won on February 28, 2018: The date and time of bidding: The date and time of bidding: the minimum price determined by the qualification examination - The criteria for evaluation of successful bidder - the criteria for evaluation of qualification: the Defendant engaged in the interim waste treatment business for construction waste treatment services, and participated in the instant bidding.

As a result of opening, the Defendant and the limited company C (hereinafter referred to as “non-party company”) were selected respectively as the 11st bidder and the 9th bidder. The first-class bidder and the 10th bidder were identified as disqualified for bidding, and the limited company D, which was selected as the 10th bidder, renounced the qualification examination under the instant bidding, led to the Defendant and the non-party company to final competition.

The minimum passing point in the tender of this case is 95 points.

At the time of the instant bid, the Nonparty Company obtained new technology certification for the “a concrete production technology using two drum sculpts using the twits and drums to the fixed width,” and entered into an agreement with the holder for the use of “a technology separating sand by using press-grae T-gras and sculds in the circular aggregate production process,” which is “a technology separating sand from sand by using t-grael, which is derived from vibrations by means of press-grads and dividing screens.”

The non-party company shall have this technology.