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(영문) 대구지방법원 2015.05.29 2014가합203445
입찰참가자격제한처분취소
Text

1. The defendant shall pay 3,699,295 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On June 27, 2013, the Daegu Regional Procurement Service under the Defendant’s control (hereinafter referred to as the “Defendant” for convenience) published a second public notice of the purchase bid for goods related to the type 7 (high molecule, metal, fiber, fiber, applied, and environment) on the condition that “demanding Agency: 1 type: limited competition (total amount), name, and quantity of goods: pressure-resistant type: 30 days after the contract, and estimated price: 124,706,364 won: 30 days after the contract, and estimated price: 124,706,364 won in installments: 30 days after the contract,” etc. (hereinafter referred to as the “instant purchase bid notice”).

In the bidding procedure conducted on July 3, 2013 according to the notice of the purchase bid, the plaintiff was selected as the first-class subject of the first-class eligibility examination, and passed the qualification examination, and entered into a purchase contract with the defendant on July 29, 2013, under which the contract amount of KRW 110,50,000 won per day for delay compensation, 0.15% per day for delay compensation, and the delivery period on August 28, 2013 (hereinafter “instant purchase contract”).

Article 24 (Compensation for Delay) (1) When the other party to a contract fails to deliver goods within the delivery period specified in the contract, he/she shall pay the amount calculated by multiplying the contract price by the rate for liquidated damages specified in the contract (hereinafter referred to as "compensation for delay") for each number of days without delay.

(2) In cases falling under paragraph (1), if the public official in charge of contracts acquires the relevant part after examining the already paid part, he/she shall deduct an amount equivalent to such part from

(3) If a contracting officer deems that delivery is delayed because it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of days per delay under paragraph (1):

4. Where delay is caused by any other cause not attributable to the other party to the contract. (5) The public official in charge of contracts shall pay compensation for delay calculated pursuant to paragraphs (1) through (4) to the other party to the contract and interest for delay of the payment of consideration.

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