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(영문) 서울고등법원 2018.10.11 2017누78065
중소기업자간 경쟁입찰 참여자격 취소 및 참여자격 취득제한 처분 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged in the court of first instance by the Plaintiff for the acceptance of the judgment of the court of first instance are not different from the contents alleged by the Plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if the evidence submitted in the court of first instance is re-

Therefore, the reasoning for the entry of this case is as stated in the reasoning of the judgment of the first instance except for the second instance judgment as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2.The second page 9 to 15 of the judgment of the court of first instance are as follows.

“B. C Cooperatives (hereinafter referred to as the “instant Cooperatives”)

) The Plaintiff is a non-profit organization consisting of 47 small and medium enterprises that produce concrete products, such as telegraph, fume, B, etc. The members producing B are 17 companies, including the Plaintiff (Plaintiffs, D Co., Ltd., E Co., Ltd., F Co., Ltd., Ltd., G, H Co., Ltd., H Co., Ltd., Ltd., J., K Co., Ltd., L Co., Ltd., Ltd., M Co., Ltd., N Co., Ltd., Ltd., P Co., Ltd., P Co., Ltd., Ltd., Q., Ltd., Inc., Ltd., and each of the companies,

. . . .. ... .... .... ..... ..... ...... ...... ......... ............ the Defendants, including T, appealed against the above judgment, but the Seoul Central District Court dismissed the above appeal on February 3, 2017 (2016No3816) and currently the Supreme Court is continuing to make a final appeal (2017Do3426).

The "Defendant" in the third part of the judgment of the first instance court shall be deemed to be "the Administrator of the Small and Medium Business Administration".

Part 3 of the judgment of the first instance court is referred to in Part 14.

"On the other hand, the Government Organization Act was amended by Act No. 14839 on July 26, 2017, and Article 2 (1) of the Addenda.

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