logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.23 2017구합22467
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition of restricting participation in bidding for three months against the Plaintiff on June 22, 2017 is revoked.

2...

Reasons

Details of the disposition

The Plaintiff is an individual entrepreneur engaged in electricity, telecommunication, fire-fighting design and supervision business with the trade name of "C" located in Seongbuk-gu, Changwon. The Defendant is a government investment company that runs the development and development of electric resources and its related business.

On October 18, 2016, the Defendant announced a public announcement of the purchase of DNA solar power generation facilities (the condition for installation) and “the estimated price of KRW 3,455,854,00,00,” and on October 31, 2016, the Plaintiff entered into a joint supply and demand agreement (the implementation method) with E with the following company:

Article 1(Purpose)This Agreement provides for an agreement between stock companies E and C to form a joint supply and demand organization and to promise the public to engage in the following projects with respect to purchase, construction works, or services ordered by the development of South-North side by mobilization of financial and technical skills, personnel, and equipment and materials:

1. Business name: Article 2 of the Act on the Purchase of solar power generation facilities within the D place of business (Conditional installation);

1. Title: F Article 3 (Members and Representatives of Joint Contractors) (2) The representative of Joint Contractors shall be G (the E representative director of a Stock Company);

Article 6 (Liability) Members of a joint contractors shall be liable for the performance of their obligations arising out of the contract for the development of South and North Korea in accordance with the terms of sharing.

Provided, That the representative of a joint contractor shall be liable for the performance of duties under the contract of other members, if he fails to perform such duties.

Article 9 (Sharing Contents of Members) (1) Each partner shall determine the sharing details as follows:

E Article 15 (Liability for Warranty of Defects) If any defect occurs in the supply of goods and installation and construction works under the contract, the members of the joint contractor shall be liable for each defect according to the contents of the share.

Provided, That the representative of a joint supply and demand organization shall be liable for the performance of any defect repair if other members fail to perform it.

The Plaintiff and E Co., Ltd. (hereinafter referred to as “E”) are joint contractors as above.

arrow