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(영문) 대구지방법원 경주지원 2021.01.22 2020가합2229

낙찰자 지위 확인

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at civil engineering, construction work, etc., and the Defendant is a local government that intends to conclude a contract for construction work through bidding (hereinafter “instant bidding”) with respect to “C Construction” (hereinafter “C Construction”).

B. Around March 12, 2020, the Defendant issued a public notice of the Defendant’s tender for construction works at KRW 729,90,000 as to the instant construction works, KRW 399,60,000 as to the contract amount (basic amount) and KRW 10,00 as to the tender amount, March 13, 2020, March 10, 2020, March 10, 2020, and March 10, 2020 as of the date of opening the tender (hereinafter “instant public notice of tender”).

Methods of determining the estimated price and successful bidder according to the public notice of the bid in this case are as follows:

The public notice of tender for construction works (the outline)

6. Projected price and method of determining successful bidder;

(a) Based on the basic amount, the estimated price shall be determined by the average of the four preliminary prices selected by each company participating in the tender, among the numbers of lottery (two choices), within the limit of 3 per cent of the basic amount: 【15 preliminary prices are determined by the average of the four preliminary prices selected by each company.

B. According to Article 42 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, the person whose total reputation point is at least 95 points is determined as the successful bidder in the order of the persons who bid the lowest bid price below the estimated price (86.745%) and who bid the lowest price pursuant to the detailed criteria for the examination of the construction of the facilities of the local government.

(B)

C. Until March 20, 2020, 573 companies, including the Plaintiff, participated in the instant bidding until March 20, 2020.

(d)

On March 20, 2020, the defendant's person in charge of the entry error entered into the opening opening process entered "399,660,000 won", not "39,660,000 won", which was previously announced on the screen of the public notice of the tender at the site of the country of the Public Procurement Service, and thereafter opened the opening on March 20, 2020 with the basic amount of 39,660,000 won at the opening held on March 32, 202.