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(영문) 수원지방법원성남지원 2017.10.18 2017가단204840

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2015, the Party’s relationship 1) Construction of the Flux apartment (total of 908 households) [the instant construction] [1] A64 Blux City A64 Bluxa City Simni (hereinafter “instant construction”).

The Plaintiff and the Defendant filed an application for the designation of supervisor of the instant construction project at the time of harmony. As a result of the qualification examination, the Plaintiff and the Defendant filed a preliminary application for the designation of supervisor of the instant construction project at the time of harmony. As a result of the examination of qualifications, the Plaintiff and the Defendant presented the lowest bid price by obtaining 85 points at a comprehensive level, and the Plaintiff were designated as the preliminary second priority. 2) The Plaintiff designated the Defendant as the supervisor of the instant construction project from May 2015, and the Defendant performed its duties as the supervisor of the instant construction project from May 1, 2015. As to the disposition of revocation of the designation of supervisor of Sungsung-si, the Plaintiff filed a revocation lawsuit (U.S. District Court Decision 2015Guhap665, 2065, hereinafter referred to as “the revocation lawsuit”), and the judgment became final

3) The Defendant received supervision fees by performing supervision over the instant construction project by August 31, 2016, which was around the time the said judgment became final and conclusive, and the Plaintiff is performing supervision over the instant construction project from September 12, 2016. (B) The details of the public announcement of the recruitment of consulting engineers and relevant regulations 1) the procedures and methods for the designation of consulting engineers among the public announcement of the recruitment of consulting engineers at Sungsung-si are as follows.

9. Procedures and methods for designating consulting engineers;

가. 감리자 지정 절차 감리자모집공고⇒신청서류접수⇒전자입찰 및 개찰⇒우선순위(예비1~3순위)선정 및 통보⇒열람 및 이의신청⇒사실확인서류에 따른 세부평가 실시⇒감리자지정(통보)

(b) 1) A supervisor shall be designated from among those whose comprehensive reputation point is at least 85 points through the qualification examination, who have tendered at the lowest price, and other matters shall be as follows: “No. 2015-96 of the Ministry of Land, Infrastructure and Transport Notice No. 2015-96, and No. 26, 202. 26, 2015.”