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(영문) 대구지방법원 2019.08.28 2018나321840
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's bid bond against the defendant 70 million won as stated in the attached Form against the defendant.

Reasons

1. Basic facts

A. On October 12, 2017, the Defendant, as indicated in the attached Form, conducted a bid on October 18, 2017, following the public announcement of the tender by the Association C at the public announcement of the tender by the Association (hereinafter “instant construction”).

(hereinafter “instant tender”). The main contents of the instant tender announcement are as follows.

5. Qualifications for participation;

(a) An entity which is a registered entity of construction or soil construction business under the Framework Act on the Construction Industry and has its principal office in Gyeongbuk-do or Daegu-si and has completed construction works with a single total floor area of at least 2,00 square meters in a single unit within the last five years as of the date of the public announcement of tender, or a State or a local government, a public institution, or an E Association (including an E Association Joint Project Corporation) with a single unit of at least one billion won (excluding additional tax);

No company subject to sanctions against unjust enterprisers shall participate in the bidding from the insolvent, composition, workshop, or E-cooperative, government, local government, or public institution (the institution falling under Article 4 (1) of the Act on the Management of Public Institutions) as of the date of public announcement of tender.

(c) An enterprise which has participated in the site descriptions and has completed bid registration within the prescribed period;

(d) a certificate of full payment of national or local taxes by the company that has paid national or local taxes (issued after the date of the public notice of tender) may not participate in the tender.

6. The amount equivalent to 5/100 or more of the bid amount for the bid bond shall be paid at the time of registration of participation in the bid in cash or with the guaranty insurance policy, etc. under the E-cooperative, and if the successful bidder fails to conclude the contract within the fixed period, the bid bond shall revert

7. Invalidity of the tender - The tender note for the construction project and the provisions of the Agreement of KoreaB Association.

-tenders made invalid in Article 59 of the Regulations on the Performance of Partnership Agreements;

B. On the other hand, each of the contract rules of the instant construction organization and the contract execution rules of the I organization (hereinafter “E Association contract rules”) shall be attached to the letter of bid for the instant construction project (hereinafter “the letter of bid”).

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