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(영문) 울산지방법원 2020.01.09 2019가합12578
낙찰자지위확인청구 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On December 21, 2018, the Defendant publicly announced a tender on “D Construction Construction” (hereinafter “instant construction”) with the tender announcement number C (hereinafter “instant construction”) and the main contents of the said public announcement are as follows.

1. Matters referred to the tender;

(a) 18 months from the commencement date of construction project 2,160,840 square meters from the date of construction project - total floor area of construction - 14,481.13 square meters (base 1/5), civil engineering works, landscaping works, landscaping works, and government-funded materials and equipment and equipment and materials for government-funded construction works (value-added tax) with estimated construction prices (value-added tax) 9,938,258,000 12,099,098,000,034,780,000 (903,478,000): 2,160,840,840,000 for construction works: 14,481.13 square meters (base 1/5), public works, landscaping works, and government-funded materials and equipment and equipment and government-funded construction works: 2,567,546,000 won;

5. Examination of qualifications and method of determining successful bidders;

A. The determination of successful bidder shall be based on the detailed criteria for the examination of successful bidder at the time of a tender by a local government and the Act on Contracts to Which a local government is a Party (Rules No. 48 of the Ministry of Public Administration and Security) Chapter II, and the detailed criteria for the examination of a successful bidder at the time of a tender by a local government, “The evaluation criteria for a tender with a price of less than 5 billion won which is less than 10 billion

The successful bidder shall be determined as a successful bidder at least 95 points in the order of bidders who have won the lowest price below the estimated price (85.495%) and at least the lowest price.

6. Documentary evidence necessary for the examination of qualifications.

(e) Data for assessment of credit rating (Attachment of a letter);

B. The provisions regarding credit assessment methods among the detailed criteria for determining successful bidders in Chapter II of the Rules of the Ministry of Public Administration and Security (No. 48 of the Rules of the Ministry of Public Administration and Security) are as follows in the public tender notice of this case.

The evaluation criteria of Section 2 of Section 2 of the detailed criteria for examination of successful bidders at the time of tender by local governments

2. The evaluation data necessary for examining qualifications and the evaluation criteria for each item of examination shall be as follows:

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