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(영문) 광주지방법원 2019.01.24 2018가합56669

계약체결절차이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 21, 2018, the Defendant publicly announced an electronic bid to “B” (hereinafter “instant bid”) with the public announcement number C, and the Plaintiff participated in the instant tender on June 28, 2018 and was selected as a successful bidder on July 13, 2018.

B. Of the tender notice of this case and the tender notice of this case applicable to the above tender, the parts related to this case are as follows.

Service Electronic Tender Notice

3. Qualification for participation, etc.: An enterprise that satisfies all of the following conditions:

(e) No person subject to the period of restriction on participation in bidding pursuant to the Act on Contracts to which the State is a Party, the Act on Contracts to which a Local Government is a Party, the Act on the Management of Public Institutions, the Act on the Management and Supervision of Nuclear Power Suppliers, etc. for the Prevention of Nuclear Damage, the Act on the Management and Supervision of Nuclear Power Suppliers, etc. for the Prevention of Nuclear Utility, and the Integrity Agreement Implementation Statement (Special Conditions), may participate in the bidding and may enter into a contract with the

11. Invalidity of the Tender: will be stipulated in our us's will of tender, electronic bidding note, etc.

(2) Where a bidder or a successful bidder is notified of the fact that he/she has been subject to the restrictions on participation in bidding under the Act on Contracts to which the State is a Party, the Act on Contracts to which a Local Government is a Party, the Act on the Management of Public Institutions, or the Act on the Supervision of Electric Technology, or is posted in the designated information processing unit, the restriction on participation in bidding shall be imposed under Article 15 (11) of the Rules on Contract Affairs and Article 9 (3) of the Enforcement Decree of the Act on the Supervision of Electric Technology.

C. On June 22, 2018, the Minister of National Defense: (a) against the Plaintiff on June 22, 2018, Article 27(1)8(b) of the Act on Contracts to Which the State is a Party on the grounds of a failure to implement a fire safety control service contract for a driving range (hereinafter “State Contracts Act”); and (b