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.

1. Basic facts

A. On May 16, 2016, the Defendant publicly announced an electronic bid (hereinafter “instant bid”) with respect to the restoration of urgent short-term unit price contract (long-term continuous unit price contract; hereinafter “instant construction”) in Seocho-gu Seoul Special Metropolitan City’s Financial Notice No. 2016-1247, May 16, 2016, and the main contents of the notice are as follows.

Public Notice No. 2016-1247 of the Seoul Metropolitan Government Public Notice of Finance (Urgent)

1. The basic amount of KRW 2,989,393,000 on June 30, 2017 from the commencement date to June 31, 2017 (the first generation date to December 31, 2016) based on the estimated price of KRW 2,717,630,00 value-added tax of KRW 271,763,00 for the government-funded materials of KRW 153,000 for the construction period for the outlined construction (the long-term continuous unit price contract) and the construction cost for the outlined construction (the long-term continuous unit price contract) and other zero joint contracts (the regional compulsory contracts for the joint implementation method).

2. Qualifications for participation;

(a) He shall be a registered entity of the waterworks and sewerage facility construction business under the Framework Act on the Construction Industry;

B. Since this construction is subject to a joint contract for regional compulsory performance (joint performance method), the person having the principal office in Seoul Special Metropolitan City from the date prior to the date of the public tender notice until the date of the tender (successful bidder until the date of the contract conclusion) shall be necessarily members, and the ratio of local enterprises' participation in construction

Provided, That the enterprise located in Seoul Special Metropolitan City shall be allowed to participate independently.

(c)The number of members of the consortium shall not exceed two representatives, including the representative, and the representative shall be an enterprise with a higher percentage of the investment ratio;

13. Other matters.

(b) A person who intends to participate in a tendering procedure shall be aware of all the provisions regarding tendering, such as the criteria for determining successful bidders at the time of a local government tendering procedure, standards for tendering and execution of contracts by local governments, national comprehensive electronic procurement systems, general conditions for construction contracts by local governments, local contract laws, Seoul Special Conditions for Construction Contracts, etc., and participate in

B. The instant case.