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(영문) 대구지방법원포항지원 2020.02.06 2019가합321
낙찰자선정무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company that runs the business of manufacturing and distributing the notice of the management expenses for each apartment unit, and the defendant is a housing management operator who entrusts the business of manufacturing and distributing the Nam-gu C apartment (hereinafter "the apartment of this case").

B. On August 1, 2019, the Defendant issued a public notice of tender to select a controlled entity on or before August 1, 2019, upon the expiration of the contract period with the Plaintiff that managed the computerized work of the instant apartment (hereinafter “instant tender”), and the main contents are as follows.

Public announcement of the selection of a computer program developer for management expenses;

(2) The supply of accounting computer programs and management expenses (A3), issuance of a detailed statement, and issuance of a written statement of imposition and a written statement of accounts (printed) shall be able to establish, operate, and substitute the system so that it can be used by transferring the existing computerized data (XPP accounting, occupant-related accounts, personnel benefits, imposition and collection, etc.).

4. Bidding methods: General competitive bidding / Minimum successful tendering systems / Electronic tendering;

6. A document to be submitted. (4) A copy of a program registration certificate (accounting inspection, imposition and collection, management of occupants, etc.) to be installed on a program to be used, on the website of the program to be used (to prevent the combination, comparative inspection, etc.), and a program registration certificate indicating the name of a tendering company.

C. The three companies, including the Plaintiff, participated in the instant bidding on August 12, 2019, and the Defendant opened the bid around August 12, 2019. Among the participating companies in the instant bidding, the Plaintiff’s bid price was the lowest of KRW 5,724,00, but the Defendant did not select as the successful bidder on the ground that the Plaintiff failed to submit the documents required for the bid, and KRW 8,395,200.

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