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(영문) 전주지방법원 2019.08.22 2018구합1708

입찰참가자격제한처분취소

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1. The Defendant’s disposition of restricting participation in bidding by unjust enterprisers against the Plaintiff on June 28, 2018 shall be revoked.

2...

Reasons

1. Details of the disposition;

(a) A party-related Gunsan City shall construct a building project for BB development (hereinafter referred to as “instant construction project”);

)」의 발주자이고, 원고는 1999. 7. 11. 설립되어 토목건축공사업의 등록을 마친 회사로 아래와 같이 군산시로부터 이 사건 공사를 도급받은 수급인이다.

B. On July 9, 2013, the Plaintiff entered into a contract for construction works with the Si of Kunsan, and with the Plaintiff’s total construction cost of the instant construction works from Kunsan City, the contract amount of KRW 1,410,905,00, the contract amount of KRW 860,598,770, the construction period of KRW 860,598,770, and the contract period of construction from July 15, 2013 to January 10, 2014 (hereinafter “instant contract”).

(2) On April 30, 2014, the Plaintiff concluded a second contract for construction works with the effect that the contract amount of the instant construction works at Si of Kunsan-si and the instant construction works is KRW 55,933,560, and that the construction period will be concluded from May 1, 2014 to June 25, 2014.

(2) After concluding the instant contract, the Plaintiff planned to subcontract metal windows construction among the instant construction works in Gunsan-si. The Plaintiff submitted a direct construction plan stating that the type of construction to be directly executed by the Plaintiff compared to the total type of construction of the instant construction works (total of 667,192,129 won) and the estimated type of subcontracted construction is 52.71% (total of the subcontract cost of 743,712,871 won).

3) On February 17, 2014, the Plaintiff Company C (hereinafter “C”) which is a registered company of metal structure construction business among the instant construction works.

(2) A subcontract was made with the amount of construction cost of KRW 675,400,000 (hereinafter “instant subcontract”).

(2) Meanwhile, on August 5, 2014, the Plaintiff entered into a separate subcontract with C to set the construction cost of KRW 53.2 million (hereinafter “instant additional subcontract”) with respect to the additional portion of the said metal windows (hereinafter “instant additional subcontract”).

(C) A disposition restricting participation in bidding 1) The Defendant, around May 2017, subcontracted the instant case to the Gunsan-si, the owner of the instant construction project, pursuant to Article 29(4) of the Framework Act on the Construction Industry.