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(영문) 서울행정법원 2018.10.12 2018구합63846
입찰보증금 국고귀속 및 부정당업자 입찰참가자격 제한
Text

1. All of the claims filed by the Plaintiff for revocation of the disposition to revert bid bond to the National Treasury shall be dismissed;

2. The Defendant on June 2017.

Reasons

. Name of public announcement of purchase bid for the process procurement commodities: B purchasing end-user institution: C;

1. Method of concluding a contract for the matters to be submitted for a tender: The quantity of DNA video products: The quantity of 136,363,636 won (* Value-Added Table): The date and time of bidding (in the case of goods: 150,00,000 won): March 29, 2017, C shall be referred to as "the ordering department" and "the contracting party" shall be referred to as "the contracting party" and the following matters shall be observed in accordance with the principle of mutual trust and good faith:

Dried name: Article 3 (Delivery Videos and Quantitys) (1) of the Supply and Installation Contracts B, 3 of the Red Sea Videos below:

The Seoul Local Government Procurement Service published the following purchase bid on March 20, 2017: (a) from early January 2015 to early 2016: (b) from early 2016 to early 2016 FG in 2016 to early 2016: (c) from early 2013 to early 2013: (d) from early January 20, 2017; and (d) March 20, 2016:

(hereinafter referred to as the “instant tender”). A 18,894,50.627, J. 27 119,232,970.8573 K 137,50.8573, K 139,000,000,000 on 939,2625 April 2625, 2009, M 140,800,000,000 on 95.82, the Plaintiff was awarded the bid in March 29, 2017 as follows.

On April 6, 2017, the Defendant sent the notice of concluding the contract to the Plaintiff. On April 14, 2017, the Plaintiff notified the Defendant that he would waive the conclusion of the contract, on the grounds that the Plaintiff had exclusive rights to video works subject to supply, and that the Plaintiff could not receive the price due to K’s non- cooperation and interference.

On May 10, 2017, the Defendant notified the Plaintiff of a disposition to impose sanctions against improper enterprisers upon the failure to conclude a contract, pursuant to Article 38(2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”), on the ground that the grounds for reversion to the National Treasury under Article 9(3) of the same Act arose.

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