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(영문) 광주고등법원 2016.03.30 2015나13729

낙찰자지위확인 등 청구의 소

Text

1. Revocation of a judgment of the first instance;

2. All the plaintiff's primary claim and the conjunctive claim added at the trial.

Reasons

1. Basic facts

A. The status of the parties is a legal entity established for the purposes of the development, power generation, transmission, transformation, distribution, and business related thereto, and designated as a public corporation pursuant to the Act on the Management of Public Institutions. The Plaintiff and the Defendant’s Intervenor (hereinafter “ Intervenor”) are the legal entities that participated in the tender of the Company for Cooperation in the Power Distribution Corporation in 2015,

B. On October 30, 2014, the Defendant, who was selected as a successful bidder, announced the bid for a cooperative company for power distribution and construction (hereinafter “instant bid”) in 2015. Of the Plaintiff and the Intervenor, the Plaintiff and the Intervenor participated in the bid on the high voltageA Corporation in 2015 (hereinafter “instant construction”).

As to the instant construction project as a result of the instant bid, the Plaintiff was selected as a person eligible for the first priority examination and the intervenor as a person eligible for the second priority examination, respectively, and the Plaintiff was selected as a successful bidder of the instant construction project on December 4, 2014 as a result of the examination of qualifications.

C. Around December 15, 2014, an intervenor selected as a person subject to the second priority examination on the instant construction project and revocation of the decision of successful bidder) filed an objection with the Defendant to the effect that “The plaintiff submitted the documents submitted by the plaintiff to the defendant in the instant tender to the defendant to confirm whether the records of electrical construction performance are true or not, since the documents submitted by the plaintiff are false data for the confirmation of the records of construction performance.” (ii) On December 16, 2014, the Defendant requested the Gyeonggi-do Council of the Korea Electric Contractors Association, which issued the confirmation won of the instant records of construction, to verify whether the confirmation won of the instant records of construction was false or not, and on December 29, 2014, from the Gyeonggi-do Council of the Korea Electric Constructors Association, the plaintiff was Salan Co., Ltd. from 2010 to Salan.

The certificate of electrical construction performance submitted by the plaintiff with respect to the electrical construction executed by a contract from the plaintiff.