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(영문) 광주지방법원목포지원 2016.08.18 2015가합12821

공사계약 무효 확인 청구의 소

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1. As to “Dwork” opened on November 18, 2015 by Defendant Newanan-gun published as C public announcement of the Newanan-gun on November 11, 2015.

Reasons

1. Facts of recognition;

A. On November 11, 2015, Defendant Newan-gun publicly announced the bidding on D Corporation’s “D Corporation” (hereinafter “instant bidding”) (hereinafter “instant bidding”) with the public announcement number C.

B. The public notice of this case includes the following:

3. Qualifications for participation in bidding;

(a) A person who has registered an engineering work business (or civil and building work business) under the Framework Act on the Construction Industry, and whose place of business is located in Daranam-do on the basis of the date preceding the date of public notice of tender, and the successful bidder shall maintain the above qualification by the date of

4. Determination of estimated price and successful bidder.

(c) The determination of successful bidder shall be based on the criteria for determining successful bidder at the time of a local government tender, applying the detailed criteria for the examination of qualifications for facility construction in Chapter II of the Rules of the Ministry of Government Administration and Home Affairs (Ordinance No. 19, April 10, 2015) to the detailed criteria for evaluation of detailed standards for tender construction in which the estimated price is less than one billion won

6. Nullity of a tender;

(a) The invalidity of a tender shall be based on Article 39 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, Article 42 of the Enforcement Rule of the same Act, the criteria for tendering and contracting execution of local governments (Ordinance of the Ministry of Government Administration and Home Affairs No. 20, April 10, 2015), the national comprehensive electronic procurement system (G2B), and the special bond

C. The 17 companies, including the Plaintiff and the Defendant B Co., Ltd. (hereinafter “B”), participated in the instant bidding, and as a result of opening on November 18, 2015, Defendant B was selected as the subject of the first priority examination, and the Plaintiff was selected as the subject of the second priority examination.

On December 1, 2015, Defendant Newan-gun determined Defendant B as a successful tenderer, and entered into a contract on the instant construction project with Defendant B.

(hereinafter “instant construction contract”). D.

The head office of Defendant B on the entire certificate of corporate registration is “Sasi E (hereinafter referred to as “Sasi Office”).”

[Reasons for Recognition] A’s 1-4 evidence, Gap’s 5-1 through 3, Gap’s 6-8 evidence, and Gap’s .