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(영문) 서울고등법원 2018.10.11 2017누73053
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 as to this case is as stated in the reasoning of the judgment of the court of first instance, except for cases where the judgment on the allegations made by the plaintiff or by the plaintiff in the trial is added as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following shall be added between the fourth and sixth parts of the judgment of the first instance:

(f) However, the Defendant: (a) for the first instance trial, the bid price of the instant disposition to the Defendant was 1; (b) the bid price of the instant disposition was 2; (c) the bid price of the Plaintiff’s bid to the local government as a party to which the Act was amended by Act No. 12000 on August 6, 2013 (hereinafter “Revised Local Contract Act”) was enforced on February 7, 2014; (d) the tender price of the procuring entity, a local government, was 30% of the bid price of the instant disposition (except for the bid price of the relevant procuring entity, the office of education, the office of education of Jeollabuk-do; (e) the bid price of the instant disposition was 4.6% of the tender price of the instant disposition; (e) the bid price of the instant case was 1 to 36% of the tender price of the instant biotechnological entity; and (e) the bid price of the instant case was 360% of the total tender price of the instant case, 20136% of the final bid price of the Plaintiff 2.

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