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(영문) 서울중앙지방법원 2016.08.26 2015가합578826

낙찰자지위확인 청구 등의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company that produces rubber boats, etc. designated as a defense contractor in accordance with the Defense Acquisition Program Act.

The defendant's Public Procurement Service (hereinafter referred to as the "Defendant") made a bid on rubber boats for the rescue of ship crew at the military headquarters's demand.

B. 1) On June 24, 2015, the Defendant’s notice of bid and the selection of successful bidders (hereinafter “instant goods”) rubber boats for lifesaving on board ships (PKG/M) (hereinafter “instant goods”).

A) The bid for the purchase of procurement commodities (foreign-party) to 82 feet (hereinafter “instant bid”).

The notice of this case was made. The main contents of the tender notice of this case are as follows: 1.3. the tender notice of this case is 1.4. representative of the Navy 1.4. The name of the ship (PK/M rubber 1.5. Contract Method: 1.6. General competition: the minimum price among the specifications of the ship.

4.2. Bidding and Terms of Purchase 4.2.1. Tender 4.2.1. Tender : The bid price for the alleged costs shall be estimated in a foreign currency.

1.2.1.1.1. the specifications of the alleged costs and the equipment annexed thereto shall be referred to as "purchase specifications".

1.2.1.1.in the event that goods or services (goods or services) are domestically produced, the bid price shall be estimated in the currency of Korea.

4.3.Conditions of Delivery: cadastral loading at a port of registry (FOB) 4.4. port of destination and at the place of delivery (final arrival): Busan port - the place of delivery (final arrival): Guns Command (Distribution establishment).

8. The date and time of opening tenders and the method of determining successful bidders: At the time of opening tenders: At the time of evaluation of tenders on July 15, 2015 in accordance with the evaluation criteria set out in the tender documentation on August 3, 2015, I shall determine as successful bidders the most favorable to the State;

8.4. A tendering procedure that includes goods that are not subject to conventional tariffs under the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements upon the entry into force of the Free Trade Agreement (FTA) with the Republic of Korea.