1. The revocation of the disposition of attribution of bid bond among the judgment of the first instance is revoked.

2. Bid deposit among the instant lawsuits.

1. Part seeking the revocation of disposition to revert bid bond;

A. Even if the Defendant’s defense prior to the merits imposed and collected a bid bond, this does not constitute a disposition subject to administrative litigation as to a contract under private law.

B. (i) Contracts entered into by a local government as a party is merely contracts under private law, and they cannot be regarded as either exercising public authority or having unity with the exercise of public authority. Therefore, disputes related thereto cannot be subject to administrative litigation.

(See Supreme Court Decision 96Nu14708 delivered on December 20, 196). Contracts concluded pursuant to the Budget and Accounts Act are private contracts. The bid bond pursuant to the above Act has the nature of the liquidated damages for the purpose of securing the successful bidder's performance of the obligation to conclude the contract, which shall revert to the National Treasury in the event of the failure to perform the obligation to conclude the contract, and compensates the State's losses. Thus, the obligation to revert the bid bond to the National Treasury is not an exercise of public authority or an exercise of public authority is not an exercise of the state's right as the subject of property rights under the private law, or an exercise of public authority. Thus, disputes over

(See Supreme Court Decision 81Nu366 delivered on December 27, 1983. Article 12(1) of the Act on Contracts to which Doshe is a Party (hereinafter “the Act”) provides that “the head of a local government or a contracting officer shall require a person who intends to participate in a tender to pay a bid bond: Provided, That the head of a local government or a contracting officer may exempt a person who intends to participate in a tender from the payment of a bid bond.” Article 12(3) of the same Act provides that “the head of a local government or a contracting officer may exempt a participant in a tender prescribed by Presidential Decree from

Provided, That a bid bond shall be made under the proviso to paragraph (1).