On January 6, 2020, the defendant confirmed that the disposition against the plaintiff was invalid.

1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties concerned; or (b) evidence Nos. 3 through 6; and (c) evidence Nos. 2 through 7-1; and (d) the purport of the whole pleadings.

The Plaintiff was certified as a qualified company for maintenance from April 4, 2016 to April 4, 2019 in accordance with the Guidelines for the Integrated Management of Enterprises Eligible for Maintenance (hereinafter referred to as the “Guidelines”), which are managed by five development companies, including the Defendant.

B. The Korea Western Development revoked the Plaintiff’s certification of an enterprise eligible for maintenance on December 5, 2018 on the ground that the Plaintiff’s cumulative number of days delayed in the payment period reaches 89 days and the standard point of view was reduced by 10 points in accordance with the instant guidelines, and constitutes grounds for revocation of the Plaintiff’s certification of an enterprise eligible for maintenance.

C. On January 29, 2019, the Plaintiff participated in the “B bid” held by the Defendant (hereinafter “instant bid”) and entered into a purchase contract with the Defendant, which was selected as a successful bidder.

On May 31, 2019, the Defendant requested the Plaintiff to verify the authenticity of the certificate of an enterprise eligible for maintenance submitted at the time of the instant bid, and notified the Plaintiff of the termination of the purchase contract on the grounds that the Plaintiff is not qualified to participate in the bid on June 17, 2019.

E. On December 16, 2019, the Defendant decided to restrict the Plaintiff’s qualification for participation in bidding for six months pursuant to Article 27 of the Act on Contracts to Which the State is a Party via the Contract Deliberation Committee, and subsequently, deemed the aforementioned decision to be re-dispositioned on January 6, 2020 to the National Electronic Procurement System of the Public Procurement Service.

(2) Whether the disposition is lawful or not

A. The Plaintiff’s assertion (1) The instant disposition is null and void since it was not notified to the Plaintiff.

(2) The plaintiff in the preliminary claim was aware of the fact that the certification of the company eligible for maintenance was revoked due to the defendant's administrative negligence or procedural defect and submitted the certificate of the company eligible for maintenance to the bid of this case.