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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the interim construction waste disposal business, etc. as its intended business.
B. On May 9, 2014, the Defendant, a summary of the tender for new construction works of coastal passenger terminals and the tender for waste disposal services, issued a bidding (hereinafter “instant bidding”) on the 354,000,000 won of the total project cost for the instant service, and the bid method applies the service standards of less than KRW 50,000,000,000 of the total project cost; and the bid method applies the service standards of less than KRW 20,000,000,000 to the criteria for the evaluation of eligible companies for construction waste disposal services (public notice of the Ministry of Environment); and as a result, the minimum of the bid price is lower than the estimated price (86.745% of the successful bidder’s bid price).
C. The Plaintiff submitted the Plaintiff’s bid-related documents (1) on May 16, 2014, on the opening of the bid of this case, the Plaintiff bid the first, second, and third, the Plaintiff’s second, and the Ilsung Industry. The Defendant notified the Plaintiff to select the Doel Environmental Industry and the Plaintiff as the subject of the qualification examination and submit the documents related to the qualification examination until May 22, 2014.
(2) After self-evaluation that the GEL environmental industry falls short of the qualification passing point, the Plaintiff submitted to the Defendant a waiver of qualification examination, stating that “less the qualification passing point” was insufficient. On May 20, 2014, the Plaintiff submitted documents including a new technology certificate (No. 249), which is a new technology for the circulating treatment technology by means of the separation device using high-speed container (hereinafter “new technology in this case”) at the construction waste interim disposal facility, and submitted the documents, “the quality and technical nature (three points and 2.6 points) of the facilities” and “the new technology in this case.”