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(영문) 수원지방법원여주지원 2016.06.01 2015가합10676
계약부존재확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

(a) Public announcement of electronic bidding by selling dredging soil;

5.The site descriptions on dredging are not separately implemented, and bidders are obliged to confirm the location, quality, quantity, conditions of removal, etc. of dredging soil during the period of public notice, and the time for the participation in the bidding will be the time for the participation in the bidding, and all responsibilities for the disadvantages incurred by the participation in the bidding will be borne by the bidders without confirming the dredging soil.

10. Payment of price and acceptance of goods;

(c) Dredging shall be in an unsatisfyed state, and bidders shall have to confirm the quality, quantity, conditions, etc. during the period of public notice.

The dredging soil shall be shipped out entirely within the period after submitting a management plan for storage of environmental pollution preventive facilities, etc., transportation vehicles, operation plan, etc. within ten days from the date of the contract and obtaining approval therefor.

(e) If dredging soil is not taken out within the period of shipment, the penalty for delay equivalent to 1.5/1,000 of the contract amount per day shall be imposed on the number of the days of delay, and the contract shall be terminated if the penalty for delay reaches at least 10/100 of the contract amount.

(h)The removal of dredged soil from the date of approval of the shipment plan;

11. Other matters.

(a)The bidder shall be fully aware of and participate in the tender before the tender, such as the Act on Contracts to Which a Local Government Is a Party, the tender notice, the contract for dredging soil(s) sale, the special conditions of the contract for dredging soil(s) sale, the rules on compliance with the participants in the Internet tender, and shall be responsible for any matter arising from the failure to be aware of it;

On March 14, 2014, the Defendant offered a minimum bid of KRW 600,000 square meters (hereinafter referred to as “instant dredging soil”) for dredging soil, which is loaded on the Internet Onnuri website (www.on.co., Ltd.) (www.D.) 59-20 square meters (hereinafter referred to as “instant dredging soil”).

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