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(영문) 광주지방법원 2017.04.13 2016가합1771

낙찰자지위확인

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 defendant's tender announcement;

1. The name of services referred to a tender: The number of vehicles for rental services for buses to the Korea National University of Songwon, in 2016;

1. A Tong-do, king-do, or correspondence: Four large vehicles (45 passengers);

2. Operation to and from six times a day; and

3. The detailed details of increase or decrease in the number of vehicles according to the number of final passengers: The period for providing services referring to the actual number of days of operation through the business instruction from January to July 31, 2018, 2016, to the order of the school bus operation and special terms and conditions of the contract: The service shall be based on the service leased for transporting students to school buses for the purpose of transporting students, commuting, and educational activities of the Songwon University during the year 2016 as well as on the inspection of the special terms and conditions of the contract: the period for submitting 613,40,000 won tender: the 18:0 to 00 on July 14, 2016, to 12:00 on the date and time of opening the tender, and on July 20, 2016: the tender executor shall submit the notice of the order to participate in the tender, and the tender executor shall be subject to the submission of the order to participate in the tender “special terms and conditions” and “the tender executor’s will not comply”.

If the contents of the notice are different from the contents of the order for business and the contract special terms and conditions, the objection shall be raised, and any objection raised after opening the opening shall be in accordance with the interpretation of the ordering party and the burden of disadvantage shall be borne by the bidder.

3. Qualifications for participation in bidding;

(a) An enterprise that meets the qualification requirements under Article 13 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party and Article 14 of the Enforcement Rule of the same Act (it shall be an enterprise that has at least five passenger cars shipped out of office since 2011, registered as a tendering enterprise on the date of participation in tendering);

8. Nullity of a tender: The Act on Contracts to which a local government is a Party, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, the tender of local governments and the standards for the execution of contracts (Ordinance of the Ministry of the Interior No. 40, January 19, 2016).