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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the business of manufacturing and installing sculptures.
B. On January 13, 2017, the Defendant issued a public announcement of D Business (hereinafter “instant business”) with respect to D Business (hereinafter “instant business”). The main contents of the public announcement are as follows.
1. Matters referred to the tender;
(a) Project name: D;
(b) Location: B and C, to be created L=2,600m, B=2m-15m;
(c) Details of business: Manufacturing and installing facilities that reflect original designs, such as creativity, expertise, technology, etc., in inducing local residents and tourists to B - manufacturing and installing multi-purpose joint markets, such as food and cultural spaces, installation of symbolic sculptures, shelters and sports equipment, fishing gear warehouses and pumps, improvement of outdoor rooms, convenience facilities for residents (spadra, chairs, etc.), and installation of multi-purpose joint markets and additional proposals;
(d) Business budget: 90,000,000 won (including surtax);
(e) Project period: Six months;
(f) The period of public notice: January 13, 2017 (gold to February 28, 2017) to February 28, 2017;
(i) Submission date and time of the proposal - Submission date and time: February 28, 2017 09:00 to 17:00
(j) Proposal Review Committee - Date and time of holding: scheduled March 7, 2017;
2. Method of contract: A contract by negotiation;
(a) In accordance with Article 43 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party and Article 43 of the Rules of the Ministry of Government Administration and Home Affairs, where there is no one at least 70 points for the selection of successful bidders (80% of technical capability evaluation, 20% of bid price evaluation) after receiving proposals from participants in bidding and evaluating them by the Evaluation Committee, a tender by second public announcement may be conducted in the order of high-rise enterprises;
(b) Where the same proposer has at least two additional points, a proposer with high technical ability evaluation points shall be eligible for preferential negotiations, and where the same technical ability evaluation points are the same, a person eligible for preferential negotiations shall be determined by drawing lots;
(c) Evaluation marks and criteria attached to the items to be assessed and allocated, etc.
(d)The details shall be the successful bidder in the request for proposal attached and in the tender of local governments.