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(영문) 의정부지방법원 2018.05.29 2017구합11584
입찰공고 무효확인 등
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

On October 7, 2016, the asbestos environmental industry (hereinafter “Plaintiff’s asbestos environmental industry”) and the Plaintiff’s limited liability company (hereinafter “Plaintiff SPP”) entered into an agreement on October 7, 2016 to form a joint supply and demand organization for tendering such as dismantling, removing, transporting, and disposing of asbestos.

Around February 2017, the head of Sincheon-gun entered into an entrustment agreement with the Defendant Foundation, stating that “The head of Si/Gun of Sincheon-gun shall entrust the Defendant Company with the affairs of ordering and managing bidding orders, such as bidding announcement and the selection of enterprises, on the project to support the disposal of the asbestos slate,” which is “the head of Si/Gun of Sincheon-gun, with the Defendant Foundation Foundation.”

In accordance with the above agreement, Defendant Teke set forth that, on March 9, 2017, the aforementioned public tender notice (hereinafter “instant tender notice” and “instant public tender notice”) should be limited to both the construction business for dismantling structures under the Framework Act on the Construction Industry and the business for dismantling or removing asbestos under the Occupational Safety and Health Act and all the members should be registered in the event of participating in the joint supply and demand organization.

Plaintiff

The asbestos environmental industry participated in the instant bidding, but the Plaintiff E&P did not participate in the bidding in accordance with the limitation on participation in the bidding.

As a result of the instant bid, the Plaintiff’s asbestos environmental industry was not awarded a successful bid, and the Plaintiff’s construction company awarded a successful bid for the instant construction project.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, and the purport of the whole pleading of the lawsuit of this case as to the legitimacy of the lawsuit of this case, the public announcement of this case's principal safety defense is not an administrative disposition subject to appeal litigation, and thus the plaintiffs' lawsuit is unlawful

Defendant Jincheon-gun is the defendant.

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