logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.06.07 2018누33410
우선협상대상자선정처분취소의 소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The total costs of the lawsuit are third parties.

Reasons

Facts of recognition

On October 4, 2016, the Defendant issued a public announcement of the receipt of proposals to select priority negotiation partners (hereinafter “instant public announcement”) for development activities to create “Songdo2-1” and non-park facilities in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon (hereinafter “instant project”) in the KRW 22-1, Yeonsu-gu, Incheon (hereinafter “Seoul”) under Article 2016-1.

The public notice of this case is an abstract of only a part of the guidelines for the preparation of the proposal for the project for the special case of the four parks, such as the unalley Park, Incheon Metropolitan City (hereinafter “instant guidelines”), and the important part of the public notice and guidelines of this case is as stated in the corresponding part of the attached Table 1.

The Plaintiffs, as companies engaged in civil engineering, construction, and real estate business, constituted a consortium and submitted its proposal to the Defendant on December 28, 2016.

After evaluating the proposal on January 12, 2017, the Defendant announced the consortium (hereinafter “instant competition consortium”) comprised of the third party litigant (hereinafter “participating”) and the Dodam Co., Ltd. (hereinafter “instant competition consortium”) as the first priority negotiation subject of the instant project, and the Plaintiffs’ consortium as the second priority negotiation subject.

Article 27(1) of the Act on Contracts to Which the State is a Party before August 13, 2015 (hereinafter “State Contract Act”), and Article 76(1) of the Enforcement Decree of the State Contracts Act, such as restrictions on participation in bidding under Article 76(1) of the Enforcement Decree of the State Contracts Act, are subject to sanctions against unjust enterprisers (8 times in case of Plaintiff Culul Global Corporation, and only once in case of Plaintiff Culul Global Corporation,

The proposal evaluation table disclosed by the Defendant is less than that of the case

In the case of the plaintiffs' consortium 1 financial structure, management status (10 points) capital adequacy ratio (5 points) 3.0 5.0 dong ratio (5 points) to 3.0 5.0 5 0 dong ratio (5 points) and 0.5 2.5 0.5 2 0.5 0.5 2.5 5 0.5 0.5 2.5 5 0.5 0.5 0.5 0.5 0.5 .

arrow