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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
On February 23, 2017, the Plaintiff entered into a service contract for the management of public sewage treatment plants with B and the service period from March 1, 2017 to December 31, 2019, and managed public sewage treatment plants of B.
On November 2019, the Defendant, upon the expiration of the above contract period, announced the B-Gun public announcement E, “to submit technical proposals for services on behalf of managing military public sewerage facilities and to instruct submission of technical proposals and tender announcement” (hereinafter “instant public announcement”).
Many companies, including the Plaintiff, filed an application for participation in the bid in accordance with the public notice of the recruitment of the instant case, and on December 16, 2019, the Defendant selected the Intervenor joining the Defendant and the Defendant Company D as a priority negotiation subject (hereinafter “the selection of priority negotiation subject”).
[Grounds for recognition] Facts without dispute, Gap evidence 1 to 2, and Article 3 of the Rules on the Establishment and Operation of Evaluation Committee of Proposals B alleged to the purport of the whole plaintiff's argument provides that "The Evaluation Committee of Proposals shall be comprised of not less than seven evaluation committee members, excluding public officials belonging to B." The Eul violated the above provisions and conducted an evaluation committee meeting consisting of eight evaluation committee members, including three public officials belonging to B., to examine bidders, and the decision to select a person subject to priority negotiation was made. Since the above disposition has a serious defect in violation of the above rules, the above disposition shall be null and void or revoked.
It shall be as shown in the attached Form of the relevant statutes.
The Defendant’s assertion on the Defendant’s defense of the main safety defense is unlawful, since the Plaintiff, at the time of the request for participation, submitted a written pledge that he/she would not raise an objection, and renounced the right of lawsuit.
The contract for public sewage treatment plant management services to be concluded according to the results of bidding according to the public notice of recruitment in this case constitutes a private act that the defendant concludes as a private economic entity on an equal footing with the other party.