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(영문) 전주지방법원 정읍지원 2018.08.28 2018가단10805

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On October 10, 2016, the Defendant publicly announced the bidding (public notice number D; hereinafter “instant bidding”) on “the facility management services for office houses and company houses” (hereinafter “instant management services”) (hereinafter “instant bidding”).

The instant management services constitute “general services” as prescribed by Article 2 subparag. 2 of the Defendant’s detailed criteria for examining the Defendant’s service qualification (hereinafter “the instant detailed criteria”). Article 9(2) of the instant detailed criteria provides that “The contracting officer shall examine in the order of the persons who tendered at a lower price than the budget price in the case of general services, and then determine a person whose comprehensive deliberation point is at least 85 points as the successful bidder.”

As a result of the instant bid, the bidder was dismissed due to the lack of examination scores for the 19th order of opening, and the Defendant demanded the E company with the 20th order of opening and the plaintiff with the 21th order of opening order to submit documents necessary for the examination of qualifications.

The Defendant: (a) determined that the E Company constitutes a “original resident business operator in the vicinity of the power plant” (hereinafter “original resident business operator”) who is subject to additional points in the items of the examination of qualification for light repair services for private houses and private houses attached Table 3 of the instant detailed criteria; and (b) determined that the E Company satisfied the criteria for qualification examination of 85 points; and (c) concluded the instant management service contract with the E Company on April 14, 2017.

Meanwhile, attached Table 3 of the detailed criteria of this case provides that two additional points shall be given to the original resident business operator. The detailed limit of "attached Table 3-1" in attached Table 3-3 of the detailed criteria of this case (attached Table 3 related) is determined that "the person who has resided in the surrounding area for at least three consecutive years prior to the commencement date of the first electric power plant (or the announcement date of approval)" is the original resident, and the F-power plant related to the management service of this case is the original resident.