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(영문) 서울중앙지방법원 2015.05.06 2014나66085
보증금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3.(a)

Based on the application for the return of provisional payments.

Reasons

1. Basic facts

A. On November 27, 2013, the Plaintiff-affiliated University published a public announcement of tender as follows (hereinafter “instant public announcement of tender”).

1) IN GENERAL. - Construction: Construction of the hotel tour practice room at the Ssung University (hereinafter referred to as the “instant construction”).

- Construction site: - Construction period: 40 days from the date of commencement - Electronic bidding period: 10: 10:00 to 16:00 on December 10, 2013 - The method of determining successful bidders from among participating companies that submitted a certificate of participation in bidding, a certificate of bid bond and performance (including the total amount and additional tax) as successful bidders - If there are two or more persons who have tendered at the same price, the minimum price (including the total amount and additional tax) from among those who have submitted a certificate of participation in bidding, shall be selected as successful bidders - If there are two or more persons who have tendered at the same price, the payment and reversion of bid bond - All enterprises that have submitted bid bond 5% from the date of commencement : the payment and reversion of bid bond pursuant to Article 39 of the Enforcement Decree of the Act on Contracts to which the State is a Party and Article 44(4) of the Enforcement Rule of the same Act; and

b. - Reversion, etc.: If a successful bidder fails to enter into a contract by the fixed date, the bid bond shall be the revenue measure to the account of the Ssung University pursuant to Article 9(3) of the Act on Contracts to which the State is a Party and Article 38 of the Enforcement Decree of the same Act; 5) - This contract shall be implemented by the electronic contract method using G2B - The successful bidder shall respond to the contract sent by the Ssung University within three days after the successful bidder becomes final and conclusive, and the bid bond shall be invalidated at the time of the failure to enter into the contract and the bid bond shall be attributed to the account of the Ssung University.

The amount guaranteed by the Defendant is KRW 6,457,00 in order to make a tender according to the public announcement of this case on December 16, 2013.

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