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(영문) 대구지방법원 의성지원 2018.01.31 2017가단10796

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2017, the Defendant publicly announced the place of business of the Sung-gun Water and Wastewater Works (hereinafter “instant construction work”) on February 2, 2017, as prescribed by Article 2017-2, the construction work for expanding the area of the soil, small, and medium-scale water supply (hereinafter “instant construction work”).

(1) The bid price of KRW 1,053,750,000 (estimated price of KRW 682,709,091) with respect to the total construction cost (hereinafter “the instant bid”) is the “the instant bid.”

A) A public notice of the bid was made on February 3, 2017 to February 10, 2017, an electronic bid was conducted. Qualifications for participation in bidding shall meet the requirements prescribed in Article 13 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Government Act”) and Article 14 of the Enforcement Rule of the same Act, and shall hold a license for water supply and sewerage system construction business under the Framework Act on the Construction Industry. The determination of successful bidder shall be based on the “standards for the Determination of Successful Bidder at Time of Bidding of a Local Government” in the order of bidders at least the successful bidder, and shall be determined as a successful bidder at least 95 points in the comprehensive deliberation. The detailed criteria for the examination of successful bidder at the “Standards for the Determination of Successful Bidder at Time of Bidding of a Local Government” [Attached Form 4] of the detailed criteria for the examination of facilities construction (at the time of bidding of a Local Government, at least an estimated price of less than one billion won, and the main contents of this case are as follows:

B) Relevant parts are as shown in the attached Form. B. The Plaintiff participated in the instant tender on February 5, 2017 and was selected as one of the participants on February 10, 2017. On February 10, 2017, the Plaintiff submitted the qualification examination documents to the Defendant on February 10, 2017. Of these documents, the Plaintiff submitted the qualification examination documents to the Defendant on February 10, 2017: ① the list of electronic tax invoices for sales year 2016 and ② the Korea Specialized Construction Association, stating the construction experience evaluation data as zero won.