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(영문) 서울고등법원 2016.12.21 2016누53618
입찰참가자격제한처분취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal or addition of some of the grounds of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. From the bottom to the bottom of the 4th "Distribution Industry Promotion Act" up to the 5th "calculated."

The 4th parallel "State" through 13th parallel "in accordance with paragraph 3" are as follows:

【The former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “State Contract Act”).

(1) Article 27(1) of the former Enforcement Decree of the State Contracts Act (amended by Presidential Decree No. 26829, Dec. 31, 2015; hereinafter “Enforcement Decree of the State Contracts Act”)

Article 76(1) Subparagraph 8 of the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sep. 23, 2016) (amended by Ordinance of the Ministry of Strategy and Finance), Article 76(1) Subparagraph 13 (a) of the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sept. 23, 2016), and Article 76(1) [Attachment 2] Subparagraph 10(b), 15, and 3 of the former Enforcement Rule of the State Contracts Act (amended by Ordinance of the Ministry of Strategy and Finance, No. 15 and 16), followed “No.

8. The 5th parallel of 5th parallel of “the operating cost” to “referring to the calculated operating cost.”

9. The following shall be added to the “facts” of 14 pages:

9. The Intervenor joining the Defendant shall include any additional proposal and additional data submitted by the Plaintiff in the written proposal for proposal, and the proposed amendment or amendment at the request of the Intervenor joining the Defendant shall have the same effect as the written proposal, even if the written proposal is not specified

(1) The plaintiff is attached to the defendant joining the defendant with the statement of the nature of the statement, the salary ledger, the copy of the attendance book, the work log, etc.

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