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(영문) 서울행정법원 2018.06.28 2018구합61314
입찰참가자격제한처분취소
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 October 23, 1998, the Plaintiff was a small and medium enterprise established for the purpose of manufacturing (drick, rail, construction business, etc.) steel products for bridges, and had its head office and two factories in the Jeon-nam Hamn-gun B, and one factory in Gwangju Mine-gu C.

B. Pursuant to Article 9(4) of the former Act on the Promotion of Purchase of Small and Medium Products of Small and Medium Business and the Development of Market Support (Amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Act on the Support of Market Support”), the Plaintiff obtained a certificate of direct production from the Korea Federation of Small and Medium Business with regard to the term of validity of product name diversty, detailed name diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity dives, and diversity diversity products from November 8, 2014 to November 7, 2016.

C. Around June 2015, the Defendant: (a) made a public notice of bid for the purchase of procurement commodities (a multi-user contract; hereinafter “instant public notice of tender”); (b) the instant public notice of tender was made pursuant to a contract with multiple suppliers with regard to “100,000 square meters and square meters per iron rail day, and an estimated price of KRW 5,454,545,454 (excluding value-added tax)” on the instant public notice of tender; (c) however, the Defendant selected the counter-party pursuant to a contract with multiple suppliers; and (d) the eligibility to apply for the participation in the purchase was prescribed as “small and Medium Business Operators, whose direct production was confirmed in accordance with the relevant statutes,” and (d) submitted a certificate of direct production.

After concluding a contract with the Defendant on October 6, 2015 with respect to the term of the contract with the term of the contract from October 6, 2015 to August 31, 2017, the Plaintiff signed a modified contract (contract No. E-F) on five occasions on the grounds of the increase in quantity, etc.

(hereinafter collectively referred to as the “instant contract”). (e)

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