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(영문) 서울행정법원 2018.10.26 2018구합61819
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates landscaping facility construction business.

B. On December 15, 2015, the Plaintiff and the Defendant entered into a contract with multiple suppliers (hereinafter “instant contract”) with the content that they would supply the vegetation to each end-user institution from December 15, 2015 to June 30, 2016.

C. According to the public announcement of the instant contract, the Plaintiff’s qualification for participation in bidding is a manufacturer who has been registered as a manufacturer in the name number of 10 (B) among the commodity list numbers in accordance with the registration regulations for participation in bidding for the National Electronic Procurement System. On July 31, 2015, the Plaintiff registered a qualification for participation in bidding as a product manufactured pursuant to Article 22(1)6 of the Regulations on Registration of participation in bidding for the National Electronic Procurement System (Public Notice No. 2014-4), etc. on July 31, 2015. As such, the instant contract was premised on the Plaintiff’s direct manufacture and manufacture of the food sheet.

On February 17, 2016, according to the supply demand (demand number C) of the wife population as an end-user institution, the Plaintiff supplied the food sheet equivalent to 37,000 won (m) of the unit price of the food sheet supplied at KRW 3,330,000 x the quantity of 90 meters. On April 9, 2016, the Plaintiff supplied the food sheet at KRW 7,548,000 (m) unit price of the food sheet supplied at KRW 37,00 of the food sheet supplied at KRW 204m of the quantity.

(hereinafter referred to as “each of the instant supply” in total, of the above food supply by the Plaintiff.

From February 2, 2017, the Defendant inspected direct production against the company that registered the qualification for participation in the bidding with using food products as manufacturing products. On March 6, 2017, the Plaintiff’s representative director E registered the Plaintiff’s qualification for participation in the bidding of products for food production, caused failure to produce products due to production capacity and failure to use machinery, and it is inevitable to produce products for 30 days, which is the delivery deadline.

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