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(영문) 전주지방법원 2018.10.26 2018나2625
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the construction business, etc., and the Defendant is a company that aims at the ocean waste collection business.

[Public Notice of Tender for Services]

1. Matters referred to the tender;

(a) Tender title: C services;

(b) Location of business: D fishing village fraternities under the jurisdiction of Gunsan City;

(c) Service period: 35 days from the commencement date;

(d) Services: sand spraying (2,077.5 cubic meters), fishing ground floor horn (1.41 p.m.), removal and rearrangement (67 tons).

(e) Business purposes: Establishing sustainable production infrastructure and promoting the increase of fishermen's income through the creation of environment-friendly fishing grounds, the prevention of diseases, and the creation of shellfish resources through purification projects.

(f) Basic amount: 156,221,000 won (including value-added tax);

2.The bid process is the total amount of tender, electronic tender, and qualification examination system for which no calculation sheet is accompanied.

4. Qualifications for participation in the tendering procedure;

(b) Pursuant to Article 17 of the Fishing Ground Management Act, the registration of the "business of purification and maintenance (type of business: 430)", and the location of the principal place of business shall continue until the date of conclusion of the contract as an enterprise located in Jeollabuk-do from the day before the date of

7. Methods of determining estimated prices;

(a) Estimated price determination: Based on the basic price: 【15 multiple reserve price shall be prepared within the limit of 3%, and the average of the highest of the four reserve prices selected by each company participating in the tender among the numbers selected by lottery (two choices);

8. Examination of qualifications and method of determining successful bidders;

A. The instant case is determined as a successful bidder at least 95 points by evaluating the minimum price of service subject to qualification examination in accordance with the detailed criteria for environmental improvement service qualification examination, such as the root year and fishing ground of our Association in the order of bidders at least 87.745% compared to the estimated price.

B. On November 17, 2016, the Korea Fisheries Infrastructure Association published a public announcement of the following with respect to “C services” (hereinafter “instant services”).

C. Five companies, including the Plaintiff and the Defendant, are in the instant case.

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