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(영문) 대전고등법원 2018.04.27 2017나12682
낙찰자지위확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around September 2016, the Defendant (competent: hereinafter the same shall apply) published a tender for construction waste disposal services for a building specialized in the area of the Maritime Public Notice and Maritime Affairs (hereinafter “instant tender”) with respect to the tender “the tender for construction waste disposal services” (hereinafter “instant tender”).

(Public Notice No. 20160906614-00). - An end-user institution: Jeonnam-do Office of Education - General competition - Construction waste disposal services - General competition - Construction waste disposal services - Methods of tender: General (total amount): Term of delivery: February 28, 2018 - The estimated price: 513,823,636 won (excluding value added tax): the date of bidding: September 20, 2016 - The method of determining a successful bidder: the minimum successful bidder by the examination of qualifications - the criteria for evaluation of qualifications: the criteria for evaluation of an eligible construction waste disposal service company.

B. As a result of the opening of the bid in this case, the Defendant’s Intervenor 9, the Defendant’s 10th 10th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

C. The Defendant’s Intervenor entered into an agreement with the above company on the use of “a technology separating soil by using e-mail, in the production process of circular aggregate, which is certified and verified new technology by applying bruth and drums to brus (hereinafter “the Defendant’s Intervenor’s authentication technology”). The Defendant: (a) 3 companies, including a limited liability company, and a limited liability company, were certified and verified as new technology; and (b) e-gradating soil by using e-mail, which is induced by vibration by e-grads and dividing softs; (c) the Defendant’s authentication technology for the Defendant’s confirmation technology for the Defendant” (hereinafter “Defendant’s Intervenor’s authentication technology”).

Article 7(1) and (2) of the Environmental Technology and Industry Support Act (hereinafter “Environmental Technology Industry Support Act”) shall apply to both the Defendant’s authentication technology and verification technology as a public law technology in the environmental field.

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