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(영문) 부산지방법원 2017.06.22 2016구합20532

부실벌점확정처분취소

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1. On December 31, 2015, the Defendant’s disposition of determining a false penalty point against the Plaintiffs is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. Plaintiff Sungdo Construction Industry Co., Ltd. (hereinafter “Plaintiff Sungdo Construction”) is a company aimed at dismantling a non-system structure. Plaintiff Jinsung Co., Ltd. (hereinafter “Plaintiff Jinsung”) is a company aimed at dismantling a non-system structure. Plaintiff A is a construction engineer affiliated with Plaintiff Sungdo Construction.

1. Matters referred to the tender;

(a) Construction name: Removal works;

(b) Location: Northern-gu C-Gangmun-gu D (B)

(c) Outline of construction: 43 pages of a bridge board removal L=48.2m (round 26 m) (round 14 marth and land 29 marth);

(d) Period: Ten months from the commencement date of construction;

(e) Estimated amount: 2,231,100,000 won (estimated price 2,028,272,727 won, value-added tax 202,827,273 won);

2. Methods and contracting methods;

(a)in total tendering, only by electronic tendering;

(b)the construction subject to limited competition (performance limitation) tendering and examination of qualifications;

3. Qualifications for participation;

(a) A licensed business entity for specialized construction business under the Framework Act on the Construction Industry. (2) A business entity that has at least 500 million won of the performance of single construction works to be removed from bridges and high-priced roads that have been implemented within the last ten years as of the public announcement date of tender.

The representative of a joint contractor shall be an enterprise with a large investment ratio in the whole project, and the number of its members shall not exceed two representatives, including the representative.

B. On February 4, 2008, the defendant announced a public announcement of the removal work B, and the main contents are as follows.

C. Plaintiff Sungdo Construction and Plaintiff Jinsung (hereinafter “Plaintiff Company”) participated in the said bidding by organizing a joint supply and demand organization (51% of Plaintiff Sungdo Construction, and Plaintiff Jinsung 49% of the investment ratio). On March 3, 2008, the Defendant and the Defendant participated in the said bidding, and on March 3, 2008, the construction price for the removal work was 1.90 million won.