(영문) 서울고등법원 2018.4.24. 선고 2017누77390 판결

The judgment of the court of first instance shall be revoked. On December 5, 2016, the defendant revoked the qualification to participate in competitive tendering process open only to small and medium enterprises and revoked the disposition to restrict the acquisition of qualification to participate for six months

Reasons

1. Quotation of the first instance judgment

The reasoning for the judgment of the court in this case is as stated in the reasoning of the judgment of the court of first instance except for the following parts, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

○ From the 8th bottom of the judgment of the first instance court, '84 times' shall be added to the next '84 times', and the attached Form shall be added to this judgment.

○ The following is added to the 6th day below the 11th day of the first instance judgment:

4) Unlike the fact that Article 76(1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party provides that the subject of restriction on participation in bidding is a contractor, bidder, or a person who submits a quotation using the Electronic Procurement System, Article 8(3) of the Act on the Development of Agricultural and Fishing Villages provides that a small and medium enterprise participating in a competitive bidding only in an unfair act such as collusion, etc., which is subject to disposition rather than the Enforcement Decree of the Act on Contracts to Which the State is a Party. Thus, it is reasonable to deem that the act of a small and medium enterprise participating in a competitive bidding, which is first publicly announced as the subject of competitive bidding but has interfered with the formation of competitive bidding, and thus, it constitutes "an act of a small and medium enterprise participating in a free contract, such as collusion, etc., committed by a small and medium enterprise owner participating in a competitive bidding" under Article 8(3) of the Act on the Development of Agricultural and Fishing Villages. The member of the instant case failed to intentionally select a successful bidder in excess of the original bid price.

○ 14. The following shall be added to the 14.5 pages of the judgment of the first instance.

The number of successful bidding awarded by the Plaintiff solely or by forming a joint contractor is 84 cases, and the bid price is 34,560,045,700 won. In light of this, the instant disposition cannot be deemed to be excessively harsh to the Plaintiff.

2. Conclusion

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.