낙찰자 지위 확인의 소
1. The Defendant announced the number of KOMIP 2014-5-1 as of April 23, 2014 and opened the opening on July 30, 2014.
1. The fact that there is no dispute over the basic fact [based for recognition], Gap evidence 1 through 9 (including a provisional number; hereinafter the same shall apply), Eul evidence 1 and 5, the witness's testimony and the purport of the whole pleadings;
A. The Plaintiff is a company that produces the total nitrogen removal equipment of sloping wastewater, which is the cause of red tide, among wastewater generated from a thermal power plant. The Defendant is a company that operates a shot power plant.
B. The Defendant, at the 1-8 period of Bohman Power plant, made a bid on the facilities for removing the total nitrogen of sulfur wastewater (hereinafter “instant bid”) and the process is as follows.
1. On April 23, 2014, the Defendant commenced a public announcement of the instant bidding, and the following are stated in the bidding bond among the bidding guide:
1.2.1. Qualifications for participation;
1.(a)
A facility for the removal of total nitrogen (MVR) with a single capacity of at least 5 cubic meters/h of 5 cubic meters in total, within the last 10 years, of a manufacturer or manufacturer which has a performance record of at least one year, or a manufacturer which has entered into a technical partnership (or technical cooperation) with a company holding at least the same level, with designing, manufacturing, and supplying the following equipment:
3.The bidder shall submit documentary evidence to be submitted in advance of participation in the bidding for the bid as follows:
(6) A copy of each original certificate of performance in question, each copy [Attachment 6] of each certificate of performance in question, and a certificate of performance in the facility for removing nitrogen.
7. An outline of facilities and equipment (based on the value of design);
(a) Total nitrogen removal facility (MVR): metres/h;
8. Driving performance;
(a) Commencement date of normal operation: Monthly; and
(b) Period of continuous driving (excluding the period of regular inspection): The day of each month from one month to the day of each year (the day of each month);
C. Operational status: Excellent / Yang / Defect 2) The Plaintiff applied for the examination of qualification for participation in bidding to the Defendant on May 8, 2014, and Korea Eastern Development Co., Ltd. (hereinafter “Dong East Development”).
A. On May 2, 2014, a certificate of the results of the supply of goods issued on May 2, 2014 was attached, and thereafter stated in the form of a certificate of performance attached to the tender guide.