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(영문) 서울고등법원 2015.06.12 2014누65174
경쟁입찰참여자격제한처분등취소
Text

1. Revocation of a judgment of the first instance;

2. The Administrator of the Small and Medium Business Administration shall record the defendant (attached Form 1) in the first disposition list.

Reasons

(1) On May 31, 2013, the Administrator of the Public Procurement Service publicly announced a bid for the annual unit price contract (hereinafter “instant bidding”). The main contents of the bidding publicly announced by the Administrator of the Public Procurement Service are as follows. Within the scope of competition market (Public Notice No. 2012-146 of the Small and Medium Enterprise Administration) the joint contractors and participating members of the Small and Medium Enterprise Cooperative (hereinafter “qualified Cooperative”) meeting the conditions for participation in competitive bidding among small and medium entrepreneurs pursuant to Article 9(2) of the Act on the Promotion of Agricultural and Fishing Villages, which are composed of small and medium enterprises that can be supplied within the scope of competition market (Public Notice No. 2012-146 of the Public Notice No. 2013, Jan. 1, 2012), the members of the joint contractors and participating members of the Small and Medium Enterprise and the Small and Medium Enterprise Cooperative shall meet all the qualifications under the following subparagraphs.

AB concluded the agreement.

The Plaintiffs entered into the instant contract as a member of each association as above.

However, in 2012, Plaintiff H entered into a contract as a member of Q Cooperatives, but Q Cooperatives will enter into the contract at the time of the instant bidding in 2013.

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