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(영문) 광주지방법원순천지원 2015.01.28 2014가합2151
낙찰자 지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Pursuant to Article 24(2) of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), the Plaintiff is a forest project corporation registered as a forest project corporation, which is capable of conducting the forest tending and blight damage response business, ② forest civil engineering business, ③ natural recreation forests and mountain village ecological village development business, ④ urban forests, etc.

B. On May 16, 2014, the Defendant announced a public announcement of the construction of the “Construction of the Visita Natural Recreation Center” (hereinafter “instant construction”) under Article 2014-518 of the Public Notice of Bosung-gun, 2014 (hereinafter “instant public announcement”), and the main contents are as follows.

1. Matters referred to the tender;

(a) Construction works of a visiting natural recreation forest site;

(b) Location: Bosong-gun, Bosong-ri, Bossan, Bossan Natural Recreation Forest; and

(c) Outline of construction: 136.56m2, mountain toilets 34.20m2, access roads L=94m2, etc.;

(d) Estimated amount: 628,950,00 won - Estimated price of 428,90,000 won, value-added tax of 42,80,000 won, and government-funded materials cost of 157,160,000 won;

4. Qualifications for participation.

(a) An enterprise which has completed the registration of a forestry cooperative established under the Forestry Cooperatives Act or a forest project corporation established under the Forest Resources Act (the development of a natural recreation forest and the creation of an ecological village in mountain villages) and whose principal place of business is located prior to the date of public announcement and whose participation in the tender is completed within the prescribed period from the date of public announcement;

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

(a) At the time of a tender by a local government, a person whose minimum limit is below the estimated price pursuant to the standards for determining successful bidders (established by the Ministry of Security and Public Administration) shall be selected as a successful tenderer at least 95 points in comprehensive deliberation.

(b) The detailed evaluation criteria shall be examined in accordance with the detailed criteria for the examination of qualifications for facility construction according to the criteria for the evaluation of bid construction with an estimated price of at least one billion won less than three billion won (at least three billion won for other construction works with an estimated price of at least three billion won);

(c) Method of appraisal of construction experience: The same for the last three years.

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