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(영문) 광주고등법원 2015.05.29 2014나11924

적격심사 대상자 지위 확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons why the trial of acceptance of the judgment of the court of first instance explains concerning this case, and the judgment of the court of first instance

1. The basic facts

subsection (1)

4. Qualifications for participation in bidding shall be cited by applying the main text of Article 420 of the Civil Procedure Act, as it is, except where the defendant adds the following contents to the judgment on the new argument in the trial of the court of first instance:

10. Method of determining a successful bidder;

(a) The decision of the successful bidder shall apply the "standards for the evaluation of competitive construction works with an estimated price of at least 10 billion won" set out in the detailed criteria for the determination of the successful bidder at the time of the tender of a local government under Chapter II of the standards for determination of the successful bidder at the time of the tender of a local government (No. 3 of the Rules of the Safety and Administrative Agency and March 26, 2013) in order of the successful bidder at the lowest bid price below the estimated price under Article 42 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, and where the comprehensive score is at least 92 points, the successful bidder shall be determined and the first person shall submit the original document for the examination of successful bidder at the time of

D. The scope and scale of the performance of the construction project shall be determined by aggregating only the same performance results of construction at least 32 km (at least 4=100 meters) for the extension of sewage culvert prescribed in the qualification for participation in bidding, and the scale of the evaluation criteria shall be 48 km for the extension of sewage culvert.

(General) On February 2, 200, the Plaintiff, based on the actual construction performance of the Defendant’s Intervenor’s Intervenor, calculated the overall reputation point as prescribed by Paragraph 10 (Method of Determining Successful Bidder) of the tender announcement of this case, and the Defendant’s Intervenor could not pass the qualification examination. However, the Defendant’s objection pursuant to subparagraph 3 of the aforementioned tender announcement provision and Rule of the Ministry of Security and Public Administration (“Rules on Criteria for Determination of Successful Bidder at Time of Local Government Bidding”) is in accordance with the Defendant’s decision.