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(영문) 창원지방법원 진주지원 2018.11.21 2018가합10923
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 27, 2017, the Defendant, as the project implementer of the FF Corporation (hereinafter “instant construction project”), announced a tender for the said construction project (hereinafter “instant public notice”), constituted a joint supply and demand organization (hereinafter “the Plaintiff”), and the Plaintiffs participated in the said tender.

B. The main contents pertaining to the public announcement of tender of the instant construction project and the Defendant’s method of determining successful bidders and the assessment of new delivery are as follows.

10. Method of determining a successful bidder

(a) The person who has tendered the lowest price below the estimated price as a construction subject to the qualification examination (79.95% compared to the estimated price) and above the lowest price as a successful tenderer shall examine the ability to perform the contract and determine the enterprise whose comprehensive reputation is at least 92 points as a successful tenderer;

The detailed criteria for qualification examination for construction works (hereinafter referred to as "qualified criteria") shall be subject to attached Form 1-2.

(5) New India shall be assessed in accordance with the criteria for prior examination of qualifications for participation in bidding of the agency E (hereinafter referred to as “P Q Q criteria”) as shown in subparagraph 5 of attached Table 2 x 40/100, and shall apply the following matters:

[P Q Criteria] Article 4 (Standards for Allocation) (1) The items to be examined and allocated for each field of technical construction performance capability of a construction project subject to the P Q evaluation shall be as follows:

1. Construction works which include construction works prescribed in Article 2 (1) 2: Article 6 (Method of Evaluating Joint Supply and Demand Enterprises) (4) Where a joint supply and demand organization is organized to apply for the examination of P Q evaluation, the methods of evaluation by field of examination shall be as follows:

6. Evaluation scores calculated by each member of the new joint supply and demand headquarters shall be assessed by summing up the evaluation scores obtained by multiplying the respective construction rates by the respective construction rates;

【Examination Items and Allocation Criteria by Field of Technical Construction Performance Capacity Sector (P Q Criteria 2)】

5. Assessment of credit (5 to -10);

(g) Other persons (as of the date of the public notice of bidding), who received warning points relating to the quality of construction, etc. from construction works (as of the date of public notice of bidding: At least one time of issuance of warning points - 1.5 B:

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