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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a corporation established by the Incheon International Airport Corporation for the management, operation, and repair of the airport, and the Defendant is a person who applied for a bid in the B project (hereinafter “instant project”) tender publicly announced by the Plaintiff, and is selected as a successful bidder.
B. On August 30, 2016, the Plaintiff announced the instant project announcement as follows (hereinafter “instant public announcement”).
2. A person who meets the requirements under Article 12 of the Enforcement Decree of the Act on Contracts to Which the State of Qualification for Participation in Tender is a Party and registers users to the Korean electronic tendering system;
5. The schedule for the bidding;
(b) When the deadline for registration of participation: Documents to be submitted at the time of filing an application for participation in the electronic tendering system of our construction and electronic construction on September 5, 2016: Copy of the business registration certificate - Method of submitting a copy of the document for participation in the tendering system “Submission of the documents for participation in the tendering”.
(c) Submission of a price tender: 09:00-14:00 on September 6, 2016
(d) Date and place of opening: PC in charge of contract teams after the completion of the bidding;
6. Payment and reversion of bid bond: The bid bond shall be paid at least 5/100 of the bid price under Article 37 of the Enforcement Decree of the Act on Contracts to which the State is a Party, and the method of payment may be substituted by cash, letter of guarantee, or letter of payment on the application for registration of participation;
- If the successful bidder who is exempted from the bid bond with the submission of a letter of payment fails to enter into the contract within the prescribed period without good cause, he shall pay the amount equivalent to the bid bond to our Corporation in cash.
7. Method of determining successful bidders: A person who has tendered the highest price (based on the total amount including value-added tax) among bidders whose highest price is at least two effective bidders pursuant to Article 41 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, shall be determined as successful bidders, and the same price shall be at least two persons;