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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B is a public institution established by the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”) for the purpose of securing creative knowledge and source technology and contributing to the training of excellent researchers by conducting basic research and pure basic research based on basic science.
B. On November 13, 2018, the Defendant issued a notice of the Defendant’s tender notice on August 21, 2018 to the Plaintiff who participated in the tender, as follows (hereinafter “instant notice”).
2. Related matters;
(a) C Public announcement of tender (Public Notice Number D, August 21, 2018);
(b) Article 27 of the Act on Contracts to Which the State Is a Party;
(c) Article 76 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party;
(d) Article 76 of the Enforcement Rule of the Act on Contracts to Which the State Is a Party;
3. In relation to the above, we notify that our qualification for participation in the Institute is a sanction as follows:
- Period of sanctions: - The grounds for sanctions (six months) May 18, 2019 - The act of collusion (the process of formal bidding to prevent a bid (short bid)). Finally, the fact that there is no dispute [based on recognition], the entries in Gap evidence 1, 2, and 7, and Eul evidence 3, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The Plaintiff’s assertion of this case was made without any legal basis against the Plaintiff who did not engage in collusion. There is procedural defect that did not specify the grounds and reasons for the disposition. The Plaintiff’s allegation of this case is an abuse of discretion due to the abuse of discretion, and thus ought to be revoked.
3. Judgment on the main defense of this case
A. The Defendant’s assertion B corresponds to other public agencies as provided by the Public Agency Operation Act, and the instant notification is not an administrative disposition that is subject to administrative litigation.
(b) The attached Form of relevant statutes is as follows.
(c).