입찰참가자격심사 감점조치 무효확인의 소
1. From July 20, 2016 to July 19, 2018, the Defendant’s measure of reducing the qualification for participation in bidding against the Plaintiff. < Amended by Presidential Decree No. 27405, Jul. 20, 2016>
Basic Facts
The plaintiff is a corporation established for the purpose of the quality test of construction works, design supervision, comprehensive supervision (civil engineering and construction) supervision under the Construction Technology Promotion Act, and the defendant is a corporation established by the Korea Rail Network Authority Act for the purpose of construction and management of railroad facilities.
On June 5, 2009, the Plaintiff entered into a full-liability supervision service agreement (hereinafter “instant service agreement”) with the Defendant regarding B as to the total contract amount of KRW 6.133,289,000,000, and the total contract period from June 10, 2009 to July 9, 2014 (the extension to March 15, 2019 thereafter).
The Plaintiff and the Defendant entered into the instant service contract, and revised on June 11, 2008, the terms and conditions of the Defendant’s integrity contract (hereinafter “the terms and conditions of integrity contract as of June 11, 2008”) were the content of the instant service contract, and the terms and conditions of the Defendant’s integrity contract as of December 22, 2010, amended on October 23, 2010 (hereinafter “the terms and conditions of integrity contract as of October 23, 2010”) were the content of the instant service contract.
On July 20, 2016, the Plaintiff notified the Defendant of the following:
With respect to a person who violates Article 3(9) of the Special Conditions for Integrity Contract (Sanctions against Breach of Integrity Contract) as a result of the investigation of acceptance of bribe between a construction project management engineer and a construction subcontractor in the course of the implementation of the contract for full-time responsible supervision of the construction project, it is not known that "the measure of reduction" (hereinafter referred to as "the measure of reduction") is as follows in accordance with the "Evaluation Criteria for Capacity to Implement Construction Project Management Services" of the Corporation:
The definitions of terms used in this condition under Article 1-2 (Definitions), 2, 2, 2018, 2, 2, 3, 3, 2016, 2, 2016, 2, 3, 2016, 3, 201, 2,000,000,000,000,000
(3) The term "unfair profits such as money, goods, entertainment" means any of the following profits: