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(영문) 서울북부지방법원 2016.05.04 2015가단123679

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The former Housing Act was amended by Act No. 13474, Aug. 11, 2015

(a) The same shall apply;

In accordance with Article 43(7) of this Act and Article 52(4) of the Enforcement Decree of the same Act, the part related to this case in the Guidelines for the Selection of Housing Management Operators and Business Entities, publicly notified by the Minister of Land, Infrastructure and Transport, shall be as indicated in the attached Form (hereinafter

(2) The Defendant: (a) decided to select a housing management operator of a monthly gran apartment by means of a qualification examination system based on limited competitive bidding pursuant to Articles 3(1), 6 Subparag. 1, and 12(1) of the Selection Guidelines; (b) the Defendant, on July 8, 2014, conducted the first bidding on more than one occasion, but no more than two persons have made a valid bid (see Articles 4(1) and 3(1) [Attachment 1] 1(b) of the Selection Guidelines; and (c) on July 24, 2014, on the date and time of the bidding when the second bidding was publicly announced on August 19, 200; and (d) written bidding documents, “tenders and tender specifications and bid bonds (insurance policies,” written bidding documents, signed on August 4, 2014, publicly announced to the Plaintiff and the joint development company (hereinafter referred to as “joint development company”).

As a result of the qualification examination, 12 companies participated and received the highest score from the plaintiff and the highest score from the same development.

Accordingly, the defendant held a council of occupants' representatives on the same day and decided that "if there is no defect in the results of examination of the plaintiff's documents as the first company, the plaintiff shall enter into the contract with the plaintiff, and if there is a defect in the document examination, the next company shall enter into the contract

However, the Plaintiff submitted 1,90,000 won of the bid bond amounting to at least 5% of the bid price of at least 37,426,428 won as the surety insurance policy with the documents submitted along with the tender document, and the bid bond for the work was written in the column of the bid bond, stating that the amount is 1,900,000 won in the form of the tender bond for the work, and indicated the amount differently from the Arabic number.

The plaintiff on August 8, 2014.

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