입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On December 23, 2013, the Defendant entered into a purchase contract (contract number D) between the Plaintiff and the Air Force Meteorological Group (hereinafter “instant equipment”) under which the Plaintiff would supply the goods by June 30, 2014, setting the price of KRW 879,380,00, contract deposit of KRW 87,938,000, and liquidated damages rate of KRW 0.15%.
Since then, the plaintiff and the defendant entered into a modified contract (E) on the adjustment of annual installments without changing the price of goods.
(hereinafter collectively referred to as “instant contract.” According to the special terms of the instant contract, a test operation shall be conducted in the presence of the field supervisor of the demand group for one week from the date on which the installation of hardware and software was completed, and when it is determined that there is no error after maintenance, a technical inspection shall be conducted, and after the completion of the technical inspection conducted by the technology inspector, the goods manager shall be deemed to have been supplied after affixing a seal on the supply protocol.
On October 28, 2014, the Plaintiff asserted that he completed B installation against the head of the Air Force Meteorological Group, and requested a technical inspection.
On November 21, 2014, the head of the Air Force Meteorological Group requested the Plaintiff to correct the error in B’s license, and notified the Plaintiff to the effect that the Plaintiff will conduct the technical inspection for seven days when there is no error in data receipt or storage.
Since then, as the final supply was delayed, the Plaintiff additionally paid 625,678,870 won in total to the Defendant for the delayed payment of the contract deposit equivalent to the liquidated damages from October 27, 2014 to November 16, 2015.
On November 10, 2015, the Plaintiff and the Air Force Meteorological Group held a meeting to check the current status of supply promotion, and finally agreed that the period of performance guarantee will not be extended if the technical inspection is not completed until December 4, 2015, and the technical inspection is completed from December 14, 2015 to December 18, 2015. < Amended by Act No. 13588, Dec. 14, 2015; Act No. 13588, Dec. 18, 2015>
On December 9, 2015, the Air Force Meteorological Group is to test and operate the equipment installed by the Plaintiff.