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(영문) 부산고등법원 2020.01.08 2019누22583
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In light of the Plaintiff’s assertion and reason for appeal cited in the judgment of the court of first instance and the court of first instance, a thorough examination of the evidence and the reason for appeal submitted in the court of first instance, and a thorough examination of the same, we affirm the fact-finding and judgment of the court of first instance that the disposition of this case

Therefore, this court's reasoning is as follows. The plaintiff's argument that the plaintiff emphasizes or added in the trial of the court of first instance shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for addition of the judgment as stated in paragraph (2).

From the second page of the judgment of the first instance to the second two to three parallels (hereinafter referred to as "D") above, the term "D" shall be applied to "D" (hereinafter referred to as "D").

No. 5 inside the third letter of the judgment of the court of first instance shall be dismissed as "No. 4."

From the third page of the judgment of the first instance to the next day, the Defendant, from September 5, 2018 and September 21, 2018, added “the Plaintiff’s refusal to comply with the instant sales contract,” as the Plaintiff did not take off on-site cancer on September 5, 2018 and on September 21, 2018.”

The following shall be added after the last sentence of the first instance judgment:

“Ch) Even upon the repeated request of D and the Defendant, the Plaintiff refused or limited the on-site development cancer, and the on-site development cancer that was not taken out at the time was constantly set out in the construction site of this case, and around September 2018, the volume of the site was spreading and the construction of this case would have reached the situation where the construction of this case will be suspended.

Accordingly, in order to prevent the discontinuance of the instant construction project, the Defendant takes ad hoc measures, such as piling off the site rocks that the Plaintiff did not take out from another construction site (G development project section 1-1).

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