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(영문) 서울고등법원 2015.06.24 2015나2004335
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s status as the parties is a company that engages in the business of treating transformers and transformers attached thereto. The Defendant Korea Electric Power Corporation (hereinafter “Defendant Corporation”) is a public institution that engages in the business of power generation, transmission, transformation, distribution, and related business. The Defendant Student Metal Industry Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in waste disposal business, etc.

B. On February 26, 2010, the Defendant Corporation announced the public announcement of the Defendant Corporation’s tender on the electronic bid for the service of providing the following electronic bid (hereinafter “instant bid”) with respect to the commission of treatment of pulmonary pressure instruments containing polychlorinateds (Ply Chl orinated Bploides; hereinafter “PCBs”):

1. Service name: Services entrusted with the treatment of waste ionotensions contained in PCBs;

2. Outline of services;

(a) Estimated amount: 1,081,080,000 won (including value-added tax);

(b) Estimated price: 982,800,000 won (excluding value-added tax);

(c) Service outline: 600 tons of disposal on consignment of waste transformers (1,600 tons of disposal quantity).

(d) The service period: 30 days from the commencement date.

3. Qualifications for participation in bidding: A disposal enterprise permitted to simultaneously dispose of the liquid and solid state of waste transformers designated as the controlled wastes under the Wastes Control Act and other relevant Acts.

4. The method of determining a successful tenderer: The business entity that has been recognized as qualified after examining the lowest tenderer in order of the persons who have tendered the lowest tenderer above the estimated price according to the criteria for eligibility examination of relevant

5. Invalidity of a tender: Article 12 of a written application for participation in the tender for services by a defendant and a tender bond shall be governed by the provisions of a service electronic tender bond.

- Article 12 of the tender bond: A tender that constitutes a tender that is void under Article 44 of the Enforcement Rule of the Act on Contracts to Which the State is a Party (hereinafter referred to as the “Enforcement Rule”) must be void.

- Article 44 subparagraph 1 of the Enforcement Rule: A tender made by a person without qualification to participate in the tender shall be null and void.

The notice was made.

C. 1 Defendant Corporation, such as the successful bid of Defendant Company, etc., from February 26, 2010 to March 10, 2010.

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