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(영문) 광주고등법원 2019.12.13 2019나23168
낙찰자 지위 확인의 소
Text

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.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if evidence submitted in the court of first instance shows evidence (Evidence No. 10) submitted in the court of first instance, the fact-finding and the judgment of the court of first instance are justified.

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the first instance, except for dismissal or addition as follows. Therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Article 7 (2) of the Criteria for Examination of Qualifications of this case shall be applied to the part of the first instance court's decision "Article 7 (3) of the Criteria for Examination of Qualifications of this case" in the 7th, 7, 14, and 18.

In Part 8 of the 8th decision of the first instance court, “no reason exists” shall add the following:

(See Supreme Court Order 2018Kahap50489 Decided November 26, 2018, which the plaintiff cited as an example of reference, is related to the case where the plaintiff's non-conformity is notified to the bidding participants since the validity of the certificate of performance submitted after the deadline for submission of the qualification examination document is not recognized, and the facts of this case are different)

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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