1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 2012, the Plaintiff and the Defendant participated in the bid for “C Construction (presumed contract amounting to KRW 5.51 billion)” (hereinafter “instant bid”) ordered by the Korea Electric Power Corporation’s Gyeonggi Branch of the Korea Electric Power Corporation.

The instant bid price was KRW 56,717,535, and the Plaintiff’s bid price was KRW 48,844,90, and the Defendant’s bid price was KRW 48,805,736. The Plaintiff’s lowest bid price was 16, and the Defendant was 12.

B. According to the public notice of the instant tender, “a company deemed qualified after examination in order of the lowest bidder below the estimated price shall be determined as the successful bidder in accordance with the criteria for the examination of qualifications for the relevant construction project, and an enterprise that meets the certain criteria, such as the number of persons, equipment, and outdoor storage place, shall be determined as

In addition, according to the "Standards for Examination of Qualification of Cooperative Companies for Power Distribution and Construction" (hereinafter "Standards for Examination of this case") which provides for the method and items of the ability to perform the duty of examination, the limit of points and other necessary matters at the time of the determination of a successful bidder for the selection of a cooperative company for power distribution and construction in 2013, a person notified of the subject of examination after bidding shall submit documents for examination of qualifications, including the certificate of execution records of electrical construction and the evaluation data of management status, which are investigated and notified by the D Association (Article 7(2)), and the contracting officer shall determine the bidder as a successful bidder if the minimum points for the subject of examination are 95 points or more in general as a result of the examination of qualifications for the person subject to examination of qualifications, and in such cases, if the average points of the subject of examination are less than 95 points,

(Article IX, Section 1).

C. The Korea Electric Power Corporation’s regional headquarters designated the Defendant as the subject of the first priority examination and the Plaintiff as the subject of the second priority examination, and the Defendant reported the false performance to the Gyeonggi-do Council of the Korea Electric Power Corporation.