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(영문) 서울중앙지방법원 2019.03.14 2018가합535547
공사낙찰자지위확인 및 손해배상청구의소
Text

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

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 9, Gap evidence 14, 15, Eul evidence 2, Eul evidence 4, 5, 6, and Eul evidence 9, with the whole purport of the pleadings as a whole:

The Plaintiff is a company established for the purpose of the interior building specialized construction business, etc. (2) Defendant B Hospital (hereinafter “Defendant Hospital”) is a public institution prescribed in the Act on the Management of Public Institutions as a corporation established pursuant to the “B Hospital Establishment Act” and has branch hospitals.

Defendant C and D are employees in charge of bidding and facility practice of the E Hospital.

(b) Construction works of the hospital and tender announcement of the progress thereof;

1. Matters referred to the tender;

(a) Construction name: F finish works (construction, machinery and equipment, fire fighting machinery and equipment);

(e) Estimated amount: 7,002,100,000 won (estimated price: 6,365,545,455 value-added tax: 636,54,545);

2. Bidding and contracting methods;

(a) the construction subject to a limited competitive tendering based on its performance;

(b) The construction subject to the qualification examination.

C. The criteria for the examination of qualifications are the detailed criteria for the examination of qualifications for the construction of the facilities of the Public Procurement Service (the overall criteria of the facilities of the Public Procurement Service-616, October 16, 2017).

3. Matters concerning qualifications for participation in bidding;

(a) An enterprise which has registered general construction business under the Framework Act on the Construction Industry and satisfies the following qualifications, licenses and performance standards:

2) As of the date of the public announcement of a tender, an enterprise with a result of completion of a new building containing a large floor space of at least 5,000 square meters in total (clas M 10,000 square meters or more in total total floor area of at least 1,00 square meters, which is at least 5-1. Standards for submitting performance records and examination;

(a) Deadline for submission: up to April 6, 2018: up to 18:00;

(b) At the time of delivery of an application for performance review, I will send a completion record certificate (including the total floor area and clean room construction area) specified in the qualification for participation in the tender together with a file attachment.

(c)standards for performance review; and

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