입찰참가자격제한처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person who runs a wholesale business, etc. with the trade name of “F” with his/her place of business in Daejeon Dong-gu E.
B. On June 1, 2018, the Defendant issued a public notice of bid for the purchase of D (the second; hereinafter “instant public notice of tender”) to purchase D (hereinafter “D”) as follows.
In the announcement of this case, the following matters shall be indicated.
1. Matters referred to public notice
2. The material number, quantity (A) quantity of the material subject to the tender (EA) quantity, GH 16. GH 16. The characteristics of the product subject to the tender (the specifications and drawings (to be accessible by visit) are always familiar with the characteristics of the product subject to the tender, and the main time shall be determined by participating in the tender;
[Public Notice of Tender Purchase (Ⅱ]
6. D.
A person who intends to participate in a tender shall be aware of all the details specified and publicly notified in the tender announcement, such as the provisions and specifications of the tender and contract for our construction project, and participate in the tender, and any liability that is not familiar with them shall be borne by the tender participants.
Conditions, etc. related to tendering and contracts may be perused by the Electronic Procurement System (Rules/Form of Customer Support).
The image, etc. provided by the commodity information system shall be known as simple reference matters, and a person who intends to participate in a tender shall be aware of the product's characteristics (the size and drawings (to be perused by visiting) and participate in the tender.
C. On June 18, 2018, the Plaintiff entered into a contract with the Defendant to supply the Defendant by no later than October 16, 2018, setting the contract amount of KRW 62,715,00, contract deposit of KRW 6,271,50, and the contract amount of KRW 62,715,00 with the Defendant.
(hereinafter “instant contract”). D.
The Defendant on January 10, 2019, on the ground of the Plaintiff’s nonperformance of the instant contract, pursuant to Article 75 of the Enforcement Decree of the Act on Contracts to which the State is a Party, on January 10, 2019.