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(영문) 전주지방법원 군산지원 2018.05.17 2017가합11508
제1순위 낙찰예정자 지위 확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. Defendant (formerly: E Co., Ltd.) is a company established by investing 62% in F Co., Ltd., G Co., Ltd. (hereinafter “G”) and H Co., Ltd., 19% in order to promote joint development of D Business.

Notice of Tender of this case

1. Matters referred to the tender;

(a) Tender name: D construction works;

(b) Scope of bidding: Construction works of biomass 200MW (100WW x 2) power plants;

(c) Estimated construction period: August 1, 2017 to July 31, 2020 (36 months after commencement of construction works);

2. Qualifications for participation in bidding: An enterprise that satisfies all the following requirements as of the date of tender announcement (hereinafter referred to as "requirements");

7. Method of determining the persons subject to preferential contract negotiations;

(a)This tender is the lowest price below the estimated price (verification of technical feasibility and evaluation of economic feasibility).

(b) prepare a technical tender and a price tender separately at the time of the submission of the tender, and among them will simultaneously submit the price tender together;

(c) will later notify, as a result of the evaluation of technical bids, of the price increase or decrease, and of the price opening place and date;

In the event that two or more effective bids have been made, the lowest bidder shall be selected as the person eligible for the first contract negotiation only for a technical specification business meeting the requirements specified in the tender guide, including the amount of increase or decrease of the tender price based on the results of the technology evaluation, from among those whose bid price is below the estimated price and the amount of economic evaluation based on the difference between the

(The amount of economic feasibility assessment shall not be included in the successful bidder). 8. The successful bidder shall be selected as a successful bidder after the final agreement, such as the terms and conditions of the contract, for the persons subject to the first priority negotiation.

B. On December 22, 2016, the Defendant publicly announced a tender for “D construction works” (hereinafter “instant tender”) with the following content.

C. On February 13, 2017, the Defendant, including the Plaintiff, as well as the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”), I Co., Ltd., and J.

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