입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a custodian of A (hereinafter “A”) who commenced rehabilitation procedures on October 26, 2017.
B. On April 22, 2016, A entered into a contract for the installation of the sewerage of the village C in Chang-gun (hereinafter “instant construction”) at KRW 646,794,000 for the construction cost (hereinafter “instant contract”). On April 29, 2016, A received KRW 275,620,000 as the advance payment for the instant contract from the Sun Chang-gun.
After that, around February 28, 2017, A and the Net Chang-gun changed the completion date of the instant construction from October 16, 2017 to “ December 31, 2017,” taking into account that construction was temporarily interrupted during the same period.
C. However, in the event that A delays the implementation of the instant contract by failing to submit a construction plan despite the demands for the performance of construction works of the Net Chang-gun several times, it terminated the instant contract on December 12, 2017 on the grounds of the nonperformance of the contract by A.
Article 31 of the former Act on Contracts to Which a Local Government Is a Party (amended by Act No. 16042, Dec. 24, 2018; hereinafter “former Local Contracts Act”); Article 92(1)6 of the former Enforcement Decree of the Local Contracts Act (amended by Presidential Decree No. 29360, Dec. 11, 2018; hereinafter “former Enforcement Decree of the Local Contracts Act”); Article 76 of the former Enforcement Rule of the Local Contracts Act (amended by Ordinance of the Ministry of Public Administration and Security No. 125, Jun. 25, 2019; hereinafter “former Enforcement Rule of the Local Contracts Act”); Article 92(1)6 of the former Enforcement Decree of the Local Contracts Act (amended by Presidential Decree No. 29360, Dec. 11, 2018); and Article 76 of the former Enforcement Rule of the Local Contracts Act (amended by Ordinance of the Ministry of Public Administration and Security; hereinafter “former Enforcement Rule of the Contracts”).
[Reasons for Recognition]