1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 2, 2018, the E belonging to the Defendant (hereinafter referred to as the “Defendant”) announced the bidding on “D Service” (hereinafter referred to as “instant bidding”) that manages the wastewater treatment facilities of the F unit located in the F unit located in the area, including Gyeongcheon-si, etc. (hereinafter referred to as “instant service”); and on March 12, 2018, the Plaintiff participated in the lower amount below the estimated price of the instant service and was selected as the first priority qualification examination subject to the first priority examination.

B. On March 19, 2018, when submitting documents related to the examination of qualifications to the Defendant, the Plaintiff submitted “the performance results of performing services entrusted to five other wastewater treatment facilities (hereinafter “instant performance results”)” as the performance results of services as equal to that of the Defendant, but the Defendant, pursuant to Article 5(2) of the Directive of the Ministry of National Defense concerning the Criteria for the Examination of General Services (hereinafter “instant Directive”) as follows, excluded the performance results of G services entrusted to the Plaintiff from the performance results of G services entrusted to the period from January 1, 2017 to December 31, 2017 (hereinafter “the instant measure”), and notified the Plaintiff of the lack of qualification by evaluating the performance results as 9 points and the comprehensive balance points as 84.65 points.

Article 5 (Methods of Evaluation) (2) Evaluation of performance shall be conducted in accordance with the following subparagraphs, and detailed application details shall be in accordance with the performance results in attached Tables 1 and 2:

2. The actual performance of a person subject to examination of qualifications shall be assessed by aggregating the amount (excluding the area or quantity of value-added tax) or the amount (excluding the amount or value-added tax) equivalent to or higher than the object of a contract or similar services specified in the public announcement of tender within the last five years, regardless of the contract date and the delivery deadline, and if intending to adjust the actual performance period, the details adjusted in

C. The Plaintiff requested a re-examination to the Defendant on March 30, 2018, but the Defendant, on April 3, 2018, is implementing only with the fact that the Plaintiff had been recognized as a flag.