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(영문) 광주고등법원 2017.09.28 2017누3259
입찰참가자격제한처분취소
Text

1. The defendant's appeal is dismissed.

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

3. The Defendant against the Plaintiff on April 7, 2016.

Reasons

1. Details of the disposition;

A. On October 8, 2014, the Plaintiff, a company established on October 28, 199 for the purpose of electrical construction business, etc., divided and merged the part of the electrical construction business among the businesses of PeneC Co., Ltd. (hereinafter “Pene”), and accordingly, the Plaintiff succeeded to the result of the electrical construction from 2009 to 2014 of PeneC.

B. On October 30, 2014, Defendant Chungcheongbuk District Headquarters published a public announcement of low pressure power distribution works (hereinafter “instant tender”). On December 30, 2015, the Plaintiff bid and selected as the successful bidder, and entered into a contract with Defendant Chungcheongbuk District Headquarters for low pressure distribution works in 2015.

C. On September 8, 2015, the Cheongbuk-do Association notified the Plaintiff of the result reduction on the grounds that the participation in bidding cannot be recognized as the result of maintenance service restricting the qualifications for participation in bidding as an engineering business entity. The Plaintiff’s performance reduction notification was the result of electrical construction succeeded from NAC, as follows.

The person ordering the construction work in the year of performance (394,0497,72012) to the Incheon Metropolitan City Yeonsu-gu Seoul Metropolitan City Development Bank for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. 495,850 2010 2012,360 352,360 2010 278,570 of Incheon Facilities Management Corporation for Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. for the Co., Ltd. 52,3605,360, 360, 2010 2013, 2013, 2013, 15,710,761,

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