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(영문) 대전지방법원공주지원 2015.05.13 2015가합20083

낙찰자지위확인

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1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant was wholly amended pursuant to Article 21 of the former Construction Technology Management Act (wholly amended by Act No. 11794, May 22, 2013; hereinafter “Construction Technology Management Act”) and Article 21 of the former Enforcement Decree of the Construction Technology Management Act (wholly amended by Presidential Decree No. 25358, May 22, 2014).

[Attachment] The Enforcement Decree of the Construction Technology Management Act

) On December 13, 2013, based on Articles 49 and 50, on the basis of “the instant project implementation plan and the instant project implementation capacity evaluation”, a public announcement was made on December 13, 2013 on the submission of evaluation data on project implementation plans and project performance capabilities (Notice No. 2013-604 of the Cheongyang-gun Public Notice No. 2013, Cheongyang-gun Public Notice No. 2013-604), including the following matters (i)

2. Qualifications for participation;

(c)the services in question may be solely or jointly contracted, and, if they are jointly contracted, the principal place of business shall be the enterprise registered as a comprehensive or civil construction-supervising firm in Chungcheongnam-do and the joint contracting (joint contracting method) with the enterprise registered as a specialized civil construction-supervising firm in Chungcheongnam-do and the number of members of the joint contracting body shall be not more than two representatives, including the representative, submit a joint contracting document at the time

3. Methods of selecting service companies subject to participation in bidding;

(a) A participant in a tender will select a participant as a tendering company only for a company which has acquired at least 60 points in total after converting the evaluation points by detailed evaluation criteria and methods of performance capabilities of a specialized construction-supervising firm prescribed in Article 24(1) [Attachment 6] of the Enforcement Rule of the Construction Technology Management Act into the evaluation criteria of performance capabilities of a specialized construction-supervising firm;

B. The Plaintiffs constitute a joint supply and demand organization and selected the date of Plaintiff, Inc. (hereinafter “Plaintiffcheon”) as the representative of the joint supply and demand organization, and on December 26, 2013, to the Defendant.