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(영문) 대전지방법원 2017.07.06 2017가합101984
계약무효 및 낙찰자지위 확인 청구의 소
Text

1. The Defendant’s announcement number No. 2016-114 is the six regions for rectification of production and supply facilities in 2017.

Reasons

Facts of recognition

The defendant is a subsidiary of the Korea Gas Corporation established on May 27, 1993 for the purpose of maintaining and repairing gas facilities, repairing and repairing construction business, safety inspection and maintenance business of gas pipeline networks, etc.

The Plaintiff is a company that operates the mechanical facility construction business, etc., and participated in the bid (hereinafter “instant bid”) on the 2017 Production and Supply Facility Correction Project (F&D Co., Ltd. (hereinafter “SP”) and the joint supply and demand contractors (hereinafter “Plaintiff Co., Ltd.”), which was publicly announced by the Defendant under Article 2016-14 of the Public Notice Number 2016, by organizing a bid for the instant bidding on the project (hereinafter “instant bidding”).

The public supply and demand contractors (hereinafter referred to as the "public supply and demand contractors"), composed of Cheongsteex (hereinafter referred to as the "Cheongsteex"), and Daesteex Co., Ltd. (hereinafter referred to as the "Cheongsteex"), were selected as successful bidders by participating in the instant bidding, and on December 29, 2016, the construction contract of this case was "the construction contract of this case" entered into with the Defendant for production and supply facility rectification works (hereinafter referred to as the "Cheongsteex") in 2017.

On December 1, 2016, the Defendant issued the instant public notice of the tender announcement of the instant project, which is approximately KRW 4.7 billion, the term of the contract, from January 1, 2017 to December 31, 2017.

The bid in this case can only be entered into a joint contract by the joint performance method, and the number of members of the joint supply and demand organization shall not exceed two, the minimum equity ratio by each member shall be 10%, and each member of the joint supply and demand organization shall hold all the conditions of the license for participation in bidding.

In the instant tender, a successful tenderer shall not be deemed grounds for invalidation of the tender, and shall be selected in the order of bidders below the estimated price, and shall be determined as a person at least 95 points in total.

In addition, according to the public notice of this case, the qualification for participation in the tender of this case is the National Integrated Electronic Procurement System.

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