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(영문) 서울동부지방법원 2016.04.22 2015가합100516

입찰보증금 지급 청구의 소

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff is an incorporated foundation engaged in postal transport business, etc., and is supplied with transportation vehicles with freezing and loading towers each year in accordance with the period for the scrapping of mail carriers, and the Plaintiff was supplied with transportation vehicles through bidding in accordance with the vehicle scrapping scheme in 2014. On July 9, 2014, in order to newly be provided with 130 vehicles for transportation vehicles according to the vehicle scrapping scheme, the Plaintiff conducted the bidding procedure along with special contract conditions (hereinafter “instant bidding”).

(i) The main contents are as follows.

1. The name of the public notice of the matters to be referred to the tender: The limited competitive bidding (total bid, and the bid price system through qualification examination): The basic amount of unit price contract (including the contract date until June 30, 2015) per year: the quantity of KRW 10,839,537,180 (including VAT) shall be based on the plan in 2014, and the other party to the contract shall not raise any objection against an increase or decrease in the specified quantity;

5. A person who has tendered at a minimum price of at least 87.745% of the successful bidder's price determined below the estimated price of successful bidder shall be determined as a successful tenderer in order of the persons who have tendered at a minimum price of at least 87.745% of the successful bidder's bid price, as set forth in Article 4 (Criteria for Assignment and Evaluation) (1) 1 of the detailed criteria for the qualification examination for purchase of goods by the

6. If a successful bidder fails to enter into a contract without any special reason, the bid bond shall belong to the support group pursuant to Article 38 of the Enforcement Decree of the Act on Contracts to which the State is a Party and Article 64 of the Enforcement Rule of the same Act, and shall be punished by unjust enterprisers.

7. The successful bidder on the commencement date and completion date of the contract shall conclude the contract within seven days, except in extenuating circumstances.

The successful bidder shall be determined specifically.