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(영문) 부산지방법원서부지원 2020.12.03 2019가합100269
건축에관한 소송
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the architectural design business.

B The Promotion Committee for Housing Redevelopment Improvement Project (hereinafter referred to as the "Promotion Committee of this case") is the Promotion Committee under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") established to implement housing redevelopment improvement projects (hereinafter referred to as the "project of this case") at the Seo-gu Busan Metropolitan City level C Day.

The instant promotion committee held an inaugural general meeting on February 3, 2018, and the Defendant, upon application for authorization to establish the promotion committee of this case, comprehensively succeeded to the rights and obligations of the promotion committee of this case pursuant to Article 34(3) prior to the amendment by Act No. 15022, Oct. 31, 2017, pursuant to Article 34(3).

B. On November 9, 2017, the instant promotion committee publicly announced the instant construction design business entity’s tender related to the instant project (hereinafter “instant tender”) by means of a selective competitive bid, and the Plaintiff, D (hereinafter “D”), and E (hereinafter “E”) participated in the said tender.

On the other hand, the Plaintiff participated in the tender on January 2, 2018, and submitted to the Defendant a letter of performance as follows (hereinafter “instant letter of performance”).

If the bidder, prior to or after the selection of the service company, violates any of the following subparagraphs, before or after the appointment of the service company, will not raise any civil or criminal objection against the decision to lose the qualification for tender or invalidate the selection of the service company, and will present this letter:

1. He may not raise any objection, even though his participation in the tender and his selection are revoked, if the submitted document is found to be false later;

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