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(영문) 서울고등법원 2018.01.11 2016누73438
입찰참가자격제한처분취소
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 as stated in the reasoning of the judgment of the court of first instance except for the modification, deletion, and addition of some contents as follows. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In the second part of the judgment of the court of first instance, the term “instant contract” in the second part of the judgment of the court of first instance shall be replaced by the term “instant contract, etc.”.

No. 10 and No. 11 of the judgment of the first instance court (hereinafter referred to as the "test report of each case") shall be deleted.

After the second part of the judgment of the first instance court, the defendant added "the defendant" in the second part of the judgment of the second instance and added "the results of the altered test submitted by the plaintiff from the subcontractor while performing the contract of this case shall be deemed to be total of 290 cases (hereinafter "each test report of this case")."

In Part 8 of the judgment of the first instance court, the "eight items" in Part 14 was replaced by "28 items" (the test results of each of the instant cases, excluding both the test results of forgery and alteration on matters unrelated to the specifications, ② the test results of alteration on the normal products supplied, ③ the degree of correction of simple clerical errors, ③ the test results of alteration on the false specifications, ④ the test results of alteration on the false specifications for which the official approval test is impossible, ④ the test results of alteration on the false specifications, ⑤ the standards of quality assurance, which make it impossible to manufacture a product impossible."

Part 8 of the judgment of the court of first instance is changed to that of "," and "the quality assurance plan submitted by the plaintiff to the defendant shall be submitted to the official test examiner by performing quality assurance activities in a quality assurance plan submitted by the plaintiff to the defendant."

The list shall be changed from the 16th to the 9th half of the decision of the first instance.

Serial Nos. 1 K Pung and the original L-type Ⅲ on the basis of the alteration of the quality guarantee form of the contract number product company.

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