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(영문) 서울고등법원 2019.05.24 2017누72418
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

1. The reasoning of the judgment of the court of first instance is as follows, with the exception of adding or closing the following among the reasons for the judgment of the court of first instance, and the Plaintiff’s assertion in the court of first instance is identical to the reasons for the judgment of the court of first instance, and therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act

The following shall be added to 3 pages 18:

In the first instance, among the instant disposition, the bid cases where the Defendant has the authority to dispose of the Defendant among the instant dispositions are the 66 bidding cases where the Plaintiff led collusion and the Plaintiff was awarded a successful bid, and the procuring entity specified 40 cases (the total successful bid amount of KRW 7,142,976,897) except for the bid cases where the procuring entity is another public institution, and the procuring entity determined that the 66 bidding bidding cases where the Plaintiff was awarded a successful bid through the instant collusion."

The Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Act on the Promotion of Development of Market Support shall be applied to the 5th 9th Do.

In the case of the appeal by the Defendants, including S, which is pending in the final appeal (Supreme Court Decision 2017Do3426) of the 8th 5th 5th 6th 6th 6th 2006, the appeal was dismissed on October 25, 2018 (hereinafter referred to as “relevant criminal case”), “A part of the Defendants, including S, appealed, appealed appealed to the Supreme Court Decision 2017Do3426.”

The 9th parallel 1 to 14th parallel shall be as follows:

On July 23, 2014, the Plaintiff was awarded a bid price of an amount equivalent to 9.588% of the estimated price (268,523,200 won) in the bid for “Y New Construction Project” publicly announced by the Gangwon-do Public Procurement Service on the ground that J was an end-user institution and the bid price was awarded at an amount equivalent to 9.58% of the estimated price (268,523,200 won) in accordance with the method of the instant collaborative act as seen earlier. From May 16, 2016, the Plaintiff was awarded a bid price of KRW 7,142,976,897 in the bid for “government-funded materials-funded file purchase” for 40 times until May 16, 2016, and was awarded a bid price of KRW 7,142,976,897.”

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