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(영문) 대전지방법원 2019.07.10 2018구합1321

계약해지 재통보 이행청구

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case history

A. The Defendant is a public institution established in order to comprehensively conduct research and development of astronomical space science in accordance with the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions and disseminate the outcomes thereof to achieve national development of astronomical space science.

B. On May 14, 2018, the Defendant publicly announced the purchase of goods with the following content (hereinafter “instant bidding”).

Public Notice Number C-Public Notice of the Purchase of Goods

1. Matters referred to the tender;

(a) Name of publication: D;

(b) Details of goods purchased: see separate specifications;

(c) Place of delivery: The Korea astronomical Research Institute;

(d) Period of delivery: Within 30 days from the date of contract;

(e) Estimated amount: 49,500,000 won (including V.A.T);

3. Bidding methods;

(a) limited competition (total, minimum) tendering, electronic tendering;

5. Qualification of bidders;

(a) A person meeting the requirements under Article 13 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 14 of the Enforcement Rule of the said Act, who shall meet all of the following qualifications:

7. Matters concerning the submission and invalidation of tenders shall be governed by Article 44 of the Enforcement Rule of the State Contracts Act, and by the provisions of the tender offer and the electronic note of the Public Procurement Service’s Electronic Tender.

8. Payment and reversion of bid bonds;

(b) The revenue of the bid bond shall be the minimum amount of the bid bond stipulated in Articles 38 and 37 (1) of the Enforcement Decree of the Act on Contracts to which the State is a Party;

10. Submission of a written pledge of integrity agreement;

(a) All participants shall be deemed to have submitted a written pledge of integrity contract performance in accordance with Article II, paragraph 1, of the Agreement of Integrity for the Implementation of Integrity Agreement;

(b) An enterprise selected as a final contractor for a contract shall submit an integrity contract performance note at the time of conclusion of the contract;

- Purchase specification - 1.2 Project outlines

(a) Project name: D;

(b) Location: The E-Items F2 of the E-Items of the Korea astronomical Research Institute;