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(영문) 서울고등법원 2019.12.05 2019누55011 (1)

시정명령등취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(c) Allocation limit 】 (Minimum bid price / the relevant bid price).

A person eligible for negotiation shall select a potential concessionaire with a high technology evaluation score from among persons whose technology evaluation score is at least 85% of the allocated limit, and shall conduct negotiations in order by determining the order of negotiation according to the order of the highest score of the comprehensive evaluation score calculated by adding technical ability evaluation score and bid price evaluation score after evaluating the bid price for the selected potential concessionaire.

As a result of the negotiation progress in accordance with the above negotiation order, if the negotiation with the potential concessionaire is concluded, the remaining potential concessionaire shall be notified of the result of the negotiation and the contract shall be concluded with the other potential concessionaire.

The tender details of this case are as follows:

Part III (units: Won, including value-added tax,) Tender Participants (* Representative and Apportionment ratio) Tender LLC, the bidding process for the project cost on the date of tender notice * Plaintiff 60 (60) D (40) on September 25, 2015 to October 15 (15:00) 575,000 general competitive bidding (a contract by negotiation) on October 15, 2015, 200

D. The Plaintiff and B agreed in advance with the successful bidder, formal bidder, etc. while participating in the C information system improvement project tender conducted from October 13, 2015 to October 15, 2015. In order to facilitate the preparation of the proposal proposal B, the Plaintiff implemented the agreement by putting the file of the Plaintiff’s proposal in an electronic storage medium (USB).

The detailed bidding status, etc. of the tender of this case shall be as follows:

Part IV (units: Won, including, but not limited to, value-added tax) Tender Participants (* Representative, %) Tender Price bid ratio of the project (%) project amount 575,00 contract amount * 566,375.7 (Successful Bidder) 551,00 B 570,723 103.5 (Puccessful Bidder)

E. The Defendant’s disposition of corrective measures and penalty surcharge are the same as the instant collaborative act in the future against the Plaintiff.