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(영문) 서울고등법원 2016.07.15 2015나2025493
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The defendant's bidding notice 1) The defendant is Songpa-gu Seoul Metropolitan Government (hereinafter "Songpa-gu").

(A) On December 18, 2012, the operator of the housing site development project implemented over each part of the areas of Seongbuk-si and Chungcheongnam-si, and the waste incineration facility (hereinafter “instant waste incineration facility”) is a waste incineration facility that integrates and disposes of wastes (living wastes) generated within the project area as follows.

2) The construction project (hereinafter referred to as the “instant construction project”)

(2) A public notice of tender for construction project ordering (hereinafter “instant tender”) was given.

1) 1. Matters referred to in the tender - Construction Works for the New City Green Center - Location: 50 tons/days, size of facilities: 13,16 square meters in capacity: The construction budget: 26,013,00,000 won (including value-added tax - 28 months from the commencement date of construction: The basic design: 70 days from the date of the site site preparation for the basic design and 90 days from the date of notification of the selection of the person eligible for the design design for the working design for the working design for the working design

2. Bidding methods: A package deal tender, a competitive tender by prior examination of qualifications for participation in a tendering procedure, and a regional compulsory contract;

C. A person who intends to participate in a tendering procedure shall be aware of the tender guide distributed at the time of the site site descriptions, the criteria for the recent revised defendant's entry into a tendering procedure ("tender for construction project", "written request for a special bond for construction project", "written request for participation in a tendering procedure", "detailed criteria for the determination of successful bidders due to a package deal tender etc.", "detailed criteria for the determination of successful bidders", "general conditions for construction contract", "special conditions for construction contract", "terms for the Electronic Procurement System Use Clause and site descriptions", and all other matters necessary for the tendering procedure

(e) A person that has not been determined as a successful tenderer will compensate for part of the design cost under the “Standards for Execution of Government Tender Contracts” under the Rules of Contract.

2 The defendant held the site site conference on January 18, 2013 and held the participants, "the tender report for construction works", and "the tender report for construction works".

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