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(영문) 서울북부지방법원 2017.08.10 2015가합23165
시공자 지위 확인 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) A, Housing Reconstruction and Rearrangement Project Association KRW 11,915,197,206 and KRW 206.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant Union constituted with the purpose of implementing the housing reconstruction improvement project (hereinafter “the instant improvement project”) in the Seoul Labor Agency JJ on December 21, 2007. The Plaintiff Union obtained authorization from the head of Gangnam-gu Seoul Northern District Office on December 27, 2007, and completed the registration of establishment on the 27th of the same month, and the rest

B. On January 2009, the Plaintiff participated in the bid of the contractor for the instant improvement project in accordance with the tender agreement for the selection of the contractor for the construction of the Defendant Union (hereinafter “instant tender agreement”), and was selected as a contractor at the general meeting for the selection of the contractor for the construction of the Defendant Union held on March 7, 2009.

On March 20, 2009, the Plaintiff entered into a provisional contract for construction (hereinafter “instant provisional contract”) with the Defendant Union. The remaining Defendants except the Defendant Union jointly and severally guaranteed the Defendant Union’s obligation under the said provisional contract.

The main contents related to the instant tendering provisions and the provisional contract are as follows.

Article 6 (Scope of Work of Contractors) (4) of the Bidding Regulations (such as construction completion, relocation expenses, lease of expenses for the operation of the association, etc.) (1) Article 13 (Deposit for Tender) (1) of the Bidding Regulations shall be paid in cash by the closing date of the bidding.

(4) The bid bond for successful bidders shall be automatically converted to loans with no interest on business expenses under Article 24.

Article 21 (Conclusion of Contract) (1) The successful bidder shall enter into a provisional contract with the Cooperative on the basis of the "contract for the reconstruction project" within seven days from the date of successful tender, and Gap (Union) may modify it, and enter into a contract by the proposal for the project participation of the successful bidder within 30 days.

(3) If the successful bidder fails to conclude the contract as referred to in paragraph (1) without any justifiable reason, the successful tender may be cancelled and the contract may be concluded with the next highest beneficiary.

In such cases, the bid bond of the existing successful bidder shall belong to the union.

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