1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The defendant is a subsidiary of the Korea Gas Corporation established for the purpose of maintaining and repairing gas facilities, repairing and repairing construction business, safety inspection and maintenance business of gas pipeline networks, etc.

Around December 2016, the Plaintiff, a company running a mechanical facility construction business, etc., organized a bid on the construction cost (hereinafter “instant construction cost”) for the production and supply facility rectification project (six regions-Seoul branch office, Busan metropolitan branch office, and Busan metropolitan branch office; hereinafter “instant construction project”) as publicly notified by the Defendant under Article 2016-14 of the Public Notice Number 2017, and participated in the bid (hereinafter “instant bid”) with Gyeongdong L&C S S(hereinafter “Seoul East E&S”) and joint contractors (hereinafter “construction cost ratio: 90%, dong L&S 10%, and hereinafter “Plaintiff joint contractors”).

The joint supply and demand companies (construction ratio: 90% of Cheongmanex, 10% of Cheongsan, and 10% of Cheongsan, and hereinafter referred to as “Cheongmanex Co., Ltd.”) comprised of Cheongmanex (hereinafter referred to as “Cheongmanex”) and Daesan Co., Ltd. (hereinafter referred to as “Cheongsan”), were selected as successful bidders by participating in the instant bidding, and entered into the instant construction contract with the Defendant on December 29, 2016.

The Defendant announced the instant announcement of the tender, including the following, as to the instant construction work, from January 1, 2017 to December 31, 2017, the estimated amount of KRW 4,768,281,100, and the term of the contract from January 1, 2017 to December 31, 2017:

The bid in this case can only be a joint contract by the joint implementation method, and the number of members of the joint procurement organization shall not exceed two companies, and the minimum equity ratio by each member shall be 10%.

Meanwhile, the qualification requirements for participation in the instant case shall be a business entity registered with a gas facility construction business license and a electrical construction business license (hereinafter “license requirements”) by not later than the final date for submission of an electronic bid document in accordance with the National Integrated Electronic Procurement System Registration Rules, and the final date for the same performance of construction as determined in the announcement of the instant tender within five years.