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(영문) 서울행정법원 2020.12.18 2020구합65463
입찰참가자격제한처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts including the details of the disposition;

A. The Plaintiff is a limited company that runs the business of wholesale and retail of experiment and practice equipment and scientific equipment and export and import business.

B. On July 16, 2019, upon receiving a request for procurement from the Incorporated Foundation B (hereinafter “instant procuring entity”), the Defendant publicly announced that a bid regarding “C” should be conducted on July 16, 2019.

(See the following facts: (a) The term “estimated price” as indicated in the tender outline of the above public tender announcement is indicated to the effect that “97,200,000 won (excluding value-added tax)” was stated in the tender outline of the above public tender announcement; (b) the date and place column of the same section stated “the basic amount and the bid price shall be determined at the time of the submission of the tender price, including value-added tax,” and (c) the column for the document column stated that “the basic amount and the bid price shall be determined at the time of the submission of the tender.”

The public announcement of tender is "the standards of this case" in the public announcement of tender by the former local government on December 1, 2018 and Article 47 of the Rules of the Ministry of Public Administration and Security (hereinafter referred to as "the standards of this case").

(i)This bidding description shall be made and shall be understood and understood. The basic amount of the above bidding shall be KRW 97,760,000,000, which shall be calculated by adding value-added tax to the above estimated price, as an amount of KRW 106,920,00,000, which shall be calculated as an amount of 97,760,000, and the defendant disclosed the basic amount in the national comprehensive delivery procurement system (the above tender announcement notice of

C. The Plaintiff participated in the said bidding and was selected as a successful bidder, and on August 8, 2019, supplied the instant end-user institution with one shock buffer system for KRW 81,954,350 until December 6, 2019.

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