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(영문) 서울행정법원 2017.09.21 2017구합61270
입찰참가자격제한처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff Taeyang Construction Co., Ltd. (hereinafter “Plaintiff Taeyang Construction Co., Ltd.”) is a corporation with the objective of landscaping construction business, ornamental tree cultivation and sale business, and Plaintiff Samyang Construction Industry Co., Ltd. (hereinafter “Plaintiff Samyang Construction Industry”) is a corporation with the purpose of housing construction business, real estate sale and lease business, etc.

B. The Korea Institute of Design Promotion requested the Korea Institute of Design Promotion to enter into a contract for the construction of the future design center (hereinafter “instant building”) affiliated with the Korea Institute of Design Promotion on the ground of Yangsan-si 1110 in Yangsan-si (hereinafter “the instant construction”). The Korea Institute of Design Promotion publicly announced a bid for the instant construction works. The Plaintiffs were selected as the successful bidder by participating in the bid process by organizing a joint supply and demand group of the methods of joint performance with the Plaintiff Taeyang-si Construction Co., Ltd. and the representative company as the Plaintiff Taeyang-si Construction Co., Ltd. (hereinafter “the instant construction”).

C. On October 14, 2013, the Plaintiffs entered into a contract with the Korea Institute of Design Promotion with the relevant end-user institution as the contract price of KRW 8,064,406,00 with respect to the instant construction work, and the construction period from October 14, 2013 to February 5, 2015.

The Plaintiffs completed the instant construction on February 5, 2015, and undergone a completion inspection on February 16, 2015, and the Korea Institute of Design Promotion completed registration of initial ownership relating to the instant building on May 15, 2015.

E. The Korea Institute of Design Promotion requested the Plaintiffs to repair defects from April 7, 2015 to April 29, 2015, as the defects were leaked in the ceiling of the instant building constructed by the Plaintiffs and the parking lot and sidewalk block were generated. However, the Plaintiffs did not comply with the request for repair of defects.

F. On June 4, 2015, the Korea Institute of Design Promotion did not properly implement the contract for construction.

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