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(영문) 광주지방법원 2016.10.20 2016구합11193

시공통보 중지처분 취소청구의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2014, the Plaintiff succeeded to the performance of the payloadN electrical construction by dividing and combining the electrical construction business of the Penenna Co., Ltd. (hereinafter “Nenna”), a corporation running electrical construction business at 21-ro 7-gil, Seoyang-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

B. On October 30, 2014, the Defendant publicly announced the announcement of the tender for the low-tension branch office (hereinafter “instant construction”) on the market-type public enterprises under Article 5 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), and on October 30, 2015.

C. On December 30, 2014, the Defendant entered into a contract on the instant construction project (hereinafter “instant contract”) with the Plaintiff selected as a successful tenderer, and the main contents thereof are as follows.

Contract number: C91-14-0065 contract amount: 297,228,00 won (including additional tax): Contract period: From January 1, 2015 to December 37, 2016, Article 44 (Cancellation or Termination of Contracts due to Reasons attributable to Party to Contract) of the General Conditions for the Construction Contract (hereinafter “General Conditions for the Construction Contract in this case”) (1) Where the other party to the contract falls under any of the following subparagraphs, the contract officer in charge of contracts shall notify him/her in advance for correction and may cancel or terminate all or part of the relevant contract if he/she fails to correct it even after the advance peremptory notice.

Provided, That in cases falling under subparagraph 3, the contract shall be maintained when the other party to the contract has the possibility of performing the contract and it is deemed necessary to maintain the contract, and the other party to the contract makes late payment

14. Where a contract is concluded by submitting documents on bidding, etc. in a false or unjust manner;

D. Upon receipt of the notification from the Cheongbuk-do Association, the Defendant is unable to recognize the total amount of KRW 4,998,841,00 as the performance of electrical construction work, such as the maintenance service of the Plaintiff’s common utility facilities, etc.