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(영문) 부산지방법원 2016.02.04 2015가합3986

공사도급계약유효확인

Text

1. Ascertainment that the contract for construction works entered into on May 15, 2015 between the Defendant and the Plaintiff is valid.

2...

Reasons

1. On May 15, 2015, the Plaintiff asserted that the instant contract for construction works (hereinafter “instant contract”) with the Defendant was valid, since the Plaintiff was selected as a successful bidder in the rupture, repair and re-satisf apartment (hereinafter “instant apartment”)’s bid for re-satisfying construction (hereinafter “instant bid”) as publicly notified by the Defendant, and entered into a construction contract with the Defendant on May 15, 2015.

According to the overall purport of evidence Nos. 1 through 6 and all pleadings, the defendant announced the bidding on April 30, 2015 for the rupture repair and reconstruction construction of the apartment of this case, etc., the plaintiff, fisheries enterprise, stock company, and vice versa (hereinafter referred to as "non-Decree") participated in the bidding. The defendant decided the plaintiff who was the bidder on May 14, 2014 as the successful bidder and announced it on May 15, 2015. The plaintiff and the defendant concluded the contract of this case with the contractor and the defendant as the contractor on May 15, 2015. The contract of this case remains effective since the defendant can be acknowledged to inform the occupants of the apartment of this case on May 18, 2015, and the contract of this case remains effective, and the defendant notified the plaintiff of the validity of the contract of this case after the contract of this case's refusal, and it can be confirmed that the contract of this case remains effective in the present situation.

2. Judgment on the defendant's assertion

A. The defendant publicly announced that only the company participating in the site site conference may participate in the bidding, and that, among three companies participating in the bidding, the non-qualified persons participated in the bidding without participating in the site site conference, and thus, the bid of this case is null and void, and the contract of this case is null and void.

In the case of this case, the Dop.