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(영문) 서울고등법원 2013.08.21 2012나105781

계약금 등 반환

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's selective claims corresponding to that part are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff’s announcement of tender 1) The Plaintiff’s project to install a model distance for food culture (hereinafter “instant project”) with the characteristics and theme of setting up BI, which specializes in the production of food culture, and related creations, in order to specialize and develop a pet area located in the Pungdong-dong, Busan-si, Manyang-si with a view to specialized development as model distance for food culture (hereinafter “instant project”).

(1) On October 6, 2009, the public notice of tender in order to select an enterprise to perform the instant project (hereinafter referred to as “instant public notice of tender”) shall be given.

2) The main contents of the proposal guidelines attached thereto (hereinafter “instant proposal guidelines”) are as listed below.

▣ 입찰공고

1. Matters referred to the tender;

(a) Business name: A project for installing a model distance for food and drink culture in Pungdong;

4. Registration of participation in a tender and submission of proposals;

(c) A summary of the documents to be submitted when submitting a proposal. (1) A description of works not more than 20 copies of the technical proposal (not more than 10 copies of the specifications A4);

Preparation of major facility plans, including explanation of concepts and concepts;

6. Method of selecting negotiation partners;

(b) It shall select three above-mentioned enterprises (excluding all two enterprises at the time of participation) as an eligible person from among those whose aggregate points of technical ability and price assessment points are not less than 70 points as a result of the evaluation of proposals;

7. Negotiations

(a) The negotiation order shall be determined by the order of the highest score of the aggregate score from among the negotiating persons, and where there are not less than two proposers with the same aggregate score, the person who has higher technical ability evaluation score shall be the person who has the highest score and where the same technical ability evaluation score is the same, the person shall be the person

(b)any negotiation shall be held in accordance with the order determined and, when such negotiation is held, shall not be conducted with other negotiating persons;

(c) conduct negotiations with persons eligible for next priority negotiations in a successive order in accordance with the same standard and procedure, unless prior negotiations with the potential negotiating partners take place;

8. Ten days after the conclusion of negotiations for concluding a contract.