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(영문) 대구고등법원 2015.02.05 2014나3451

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The plaintiff (former trade name: joint stock company) is a company for an engineering work, etc., and the defendant A (hereinafter referred to as the "defendant company") is also a company for an engineering work, etc., and the defendant B was a representative director of the defendant company.

B. On April 29, 2011, Youngcheon-si published an electronic bid announcement with respect to “C Road Packing Works” (hereinafter “instant construction”) as follows.

1. 3,089,60,000,01,250,000 2,808,727,273,273, 280,872,7277,7277,727,737,980,00, 183,720,720, 720,000, for government-funded materials, materials, and waste disposal expenses of the aggregate estimated price for the project period for the construction of the items for which the bidding is placed;

4. Qualifications for participation;

(a) Qualification under Article 13 of the Enforcement Decree of the Act on Contracts to Which a Local Government is a Party and Article 14 of the Enforcement Rule of the same Act;

(b) An enterprise which holds a license for an engineering work business, “civil engineering work business,” or “civil engineering construction business,” among general construction businesses under the Framework Act on the Construction Industry, and whose principal place of business is located in Gyeong-do from the date preceding the date of public announcement of tender and whose location

(c) shall be a registered entity of qualification for participation in the national territory of the Procurement Service;

6. Bidding and contracting methods;

(a)a long-term continuing construction project through total tendering, which is subject to examination of qualifications;

7. Selection of successful bidders and submission of documents;

(a) In accordance with Article 42 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, the criteria for evaluation according to the criteria for determining successful bidders at the time of a local government tender shall be applied, and the minimum price shall be at least 95 points in the order of bidders (86.745% of successful bidders) below the budget price, after examining the minimum price (86.745% of the successful bidders) in the order of bidders

C. 230 companies, including the Plaintiff and the Defendant, will be awarded the instant construction contract.