1. Among the instant lawsuits, the part concerning claims for confirmation of invalidity of restrictions on tendering companies, and claims for confirmation of qualification to participate in tendering procedures, respectively.

1. Facts of recognition;

A. The Plaintiffs are corporations with the purpose of waste resources recycling business, flash manufacturing and sales business. The Defendant is a corporation for the development, etc. of electric resources, which establishes and operates 1-8 electric power plants. The Defendant is a public corporation designated pursuant to Article 6 of the Act on the Management of Public Institutions and the notice of the Ministry of Strategy and Finance following the said Act. 2) The Plaintiffs are companies that received coal materials from the Defendant from the Defendant and participated in the instant bidding.

B. 1) Prior to the instant bidding, the Defendant sent a written public notice to E-Gun bulletin board prior to the instant bidding. Before the instant bidding, the written public notice contains five companies after examining the contract participant’s business plan, including “the bulletin board and direct notice period,” and “the deadline for submission of the contract participant’s business plan,” “the total of 420,00 tons of contract quantity,” total of 420,000 tons of competitive bidding (minimum quantity of 50,00 tons, maximum quantity of 150,00 tons, and limited to E-Gun designated entities), the contract period from November 1, 201 to October 31, 2021, and the submission place is the E-Gun Economic Fisheries and the Defendant Department. 2) E-Gun designated five companies after examining the contract participant’s business plan, etc.

Accordingly, on November 16, 2016, the defendant announced a C Tender in the name of the department A.

The main contents of the notice shall be as follows:

-entry c. c.-

1. Tender list: The tender list: 1,00,00 Stilio Stilio 1,200 and more than 6% per annum 320,000,000 but less than 6% per annum 3,40,000,000 and less than 6% per annum 320,000,000,000 and less than 6% per annum 4,000,000 and less than 6% per annum 4,000,000 and later than 1, 2, and 3,00 and 4, the minimum bid number per annum for items: 50,00 tons of total tender price per item: 1,2,3,00 tons of total tender price per item, 10,000 tons of total tender price per order, regardless of the maximum tender price per item, 4,54,000 tons of gift volume after the conclusion of the contract;