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(영문) 창원지방법원마산지원 2017.06.28 2017가합100062

낙찰무효확인

Text

1. The Defendant was publicly announced as a local public corporation’s announcement on March 9, 2016 and opened the opening on March 17, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff Company’s Report and Marine Development is a company operating an engineering work, and the Plaintiff Corporation’s U.S. Construction is a company operating an aggregate extraction business under water. 2) The Defendant is a local government-invested public corporation established pursuant to the Local Public Enterprises Act for the purpose of promoting the regional development and the welfare of the military, and the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) is a company operating the extraction and processing business of aggregate for construction.

1. Matters referred to the tender;

(a) Official buildings: The business of collecting river aggregates in the Southern River Gambling Zone and the business of vicariously carrying out the upstream agency business;

(b) The above franchis: Gamba 1134-1 won in the Gyeong-gun, Gyeong-gun, Gyeongnam-gun; and

(c) Construction period: Seven months from the commencement date;

(d) Estimated business volume: 31,152 cubic meters;

(e) Basic amount: 5,362 won (an estimated price: 4,875 won, value-added tax: 487 won);

2. Tender, unit price for a successful tender, electronic tender, or qualification examination;

7. Criteria for eligibility examination and method of determining successful bidders;

(b) By applying the detailed criteria for examination of successful bidders in Chapter II of the Act on the Criteria for Determination of Successful Bidders in Local Government Bidding (No. 19 of the established rules of the Ministry of the Interior) to the criteria for examination of tender examinations with an estimated price of at least one billion won and at least 86.745% of the estimated price, among bidders, at least 86.75% of the estimated price, shall be determined as successful bidders, by applying the detailed criteria for examination of successful bidders in Chapter II of the Act on the Criteria for Determination of Successful Bidders in Local Government Bidding (No. 19

(c) The evaluation of construction experience in the evaluation of performance capability shall be subject to the tender that does not restrict bidding qualifications based on the construction performance, and the types of business subject to evaluation shall be 100% of the aggregate extraction business (the aggregate extraction business);

Since the aggregate extraction business (water extraction) is the main process, in the case of a commercial agency, it shall be recognized as the performance of construction only when the aggregate extraction and the upper agency work are carried out continuously, and if only the commercial agency work is carried out without the extraction of aggregate, it shall not be recognized as the performance of construction.

B. The Defendant is a local public corporation on December 28, 2015.

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