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(영문) 청주지방법원 2016.06.09 2016구합105
부정당업자 입찰참가자격 제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 13, 2015, the Defendant issued a tender announcement by proxy (hereinafter “instant tender announcement”) under Article 2015-33 of the Notice of the Office of Education of Chungcheongnam-do, Chungcheongnam-do, 2015, for the purchase of aviation tickets from Australia overseas English experience learning (hereinafter “instant tender announcement”), and the said notice is one of the requirements for participation in bidding, which can submit reservation confirmation data (documents proving the securing of aviation rights, such as confirmation of confirmation, performance assurance, and performance bond) within seven days from the date of receipt of the tender notice.

B. On March 19, 2015, the Plaintiff participated in the instant bidding after reporting the instant public announcement of tender, and was selected as a successful bidder on March 19, 2015, and was notified of the successful bidder on March 23, 2015, but was unable to secure the seat of airline tickets, the Plaintiff renounced the aviation ticket purchase contract on March 24, 2015.

C. Accordingly, on May 7, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “after being selected as a successful bidder according to the public announcement of the instant tender, the Defendant did not conclude a contract for buying airline tickets without justifiable grounds” (from May 11, 2015 to November 10, 2015) for six months (hereinafter “instant disposition”).

[The facts that there is no dispute over the basis of recognition, Gap's statements in Gap's 1 to 3, and 9, and the purport of the whole pleadings.]

2. Determination

A. In reality, it is difficult to secure the plaintiff's right to claim aviation within seven days since the quantity is flexible, the defendant should have announced the bidding participants to secure the quantity in advance and participate in the bidding before bidding.

Nevertheless, the Defendant is required to submit the confirmation data on the reservation of airline tickets within seven days after the successful bid was awarded, and the wrong public announcement of the tender of this case was made, so the disposition of this case in this case should be revoked as unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) the head of a local government in accordance with Article 31(1) of the Local Contracts Act shall be fair enforcement of competition; or

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