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(영문) 서울고등법원 2017.06.08 2016나2062055

사업추진비 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (a short name: the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) which completed the establishment registration on September 19, 201 with the authorization for the establishment of the housing reconstruction project from the Ansan-si mayor on September 9, 201 to implement the housing reconstruction project (hereinafter “instant reconstruction project”) in the 1007 Incheon-dong, Ansan-si.

B. On October 10, 201, the Plaintiff announced a public announcement for the selection of the contractor for the instant reconstruction project, and the Plaintiff participated in the tender between the “Safranchising project team” and the Gyeongnam Company.

At the time, the tender announcement stated that “the tender-related detailed matters shall be governed by the tender participation guidelines distributed by the site site conference,” and the “tender participation guidelines” stated that “the project participation proposal shall be prepared after being aware of the entire tender guidelines and in accordance with the tender guidelines, and the details of the project participation proposal of the successful bidder shall be reflected in all at the time of the contract only to the extent that it does not violate the tender guidelines.”

(Article 5) In addition, according to the bidding guidelines and the bidding participation regulations for the selection of a contractor, a bidder shall prepare a project participation proposal in accordance with the Plaintiff’s bidding guidelines and the bidding participation regulations, and shall submit the project outline and project implementation schedule, the conditions of participation (loans, subsidies and other conditions), and other contents that he/she wishes to present to the Cooperative (Article 9). (Article 9) In addition, in the form of “general list of project participation proposals,” the “general list of project participation proposals” shall be divided into “interest,” “interest,” and “association operating

On the other hand, all participating companies participating in the bidding shall deposit KRW 2.5 billion with the bid bond in the designated account (Korean bank, account number 1005-201-916067, and the Plaintiff): if the company selected as the successful bidder fails to conclude the construction contract, the bid bond shall be reverted to the Plaintiff.