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(영문) 서울행정법원 2019.04.12 2018구합76163
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the aforementioned legal principles, the lower court’s determination that “the entire sea level: 5. The entire sea level: 4,000 x 4,000 x 4 K” (hereinafter “instant request form”) as a detailed element of “digital projector system” (hereinafter “instant product”) that constitutes a “digital projector system,” which is a product subject to the tender.

If a bidder does not enter into a contract or fails to enter into a contract due to the lack of specification errors or regulations, etc., it may be disadvantaged by being punished as an improper businessman in accordance with the relevant statutes, such as restrictions on participation in bidding for a certain period, etc., and the standards and contract-related regulations of this public tender notice are thoroughly informed and underground, and the main time is to participate in a tender.

1. Items of items referred to a tender: The date and time of the supply method by which the bid price is divided: The price for bidding (total bidding): 2018/06/15/15: The estimated price within 60 days after concluding a contract: 25,454,545 won (excluding surcharges);

2. The name and quantity of the detailed product,* Other details shall be based on the specifications attached to the notice of tender at the National Integrated Procurement System, and all necessary matters for the tender shall be the time for the participation in the tender after being well on the underground, and shall be responsible to the bidder who has not been confirmed.

6. This bid is determined by the qualification examination under Article 13(2)1 of the Act on Contracts to Which a Local Government Is a Party (Local Contracts Act) and Article 42(1) and (2) of the Enforcement Decree of the same Act. As such, the bidder is obliged to participate in the bid with detailed knowledge of the four criteria for determining successful bidders at the time of a local government tender (Ordinance No. 19, Dec. 13, 2017), detailed criteria, relevant special conditions, and all other matters necessary for the tender.

B. The Plaintiff participated in the instant bidding and bid amounting to KRW 230,00,000,000, the Plaintiff was determined as a person eligible for the qualification examination. The Defendant is the Defendant on June 15, 2018.

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