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(영문) 부산지방법원 2021.01.28 2020구합22627
감리자지정처분 취소
Text

The Defendant’s disposition of designating a supervisor against the Intervenor joining the Defendant on June 18, 2020 shall be revoked.

(b) Costs of lawsuit;

Reasons

1. Details of the disposition;

A. The Defendant’s public announcement of the recruitment of consulting engineers and the appointment of the first supervisor 1) D Co., Ltd. is a project proprietor of the E-combined housing construction project (hereinafter “instant project”) with the content of constructing three apartment buildings (five stories/ground 49 stories underground), officetels (five stories/ground 49 stories underground), ancillary welfare facilities, neighboring residential facilities (459 households, officetels 352) on the scale of neighboring residential facilities (number of households), and F Co., Ltd. is the contractor of the instant project.

2) On September 9, 2019, the Defendant publicly announced the recruitment of consulting engineers on housing construction (hereinafter “instant recruitment”) regarding the instant project.

3) Of the contents of the instant recruitment notice, the contents pertaining to the instant case are as follows.

4. The date on which a tender is submitted;

(a) Date: From September 16, 2019 to September 18, 2019: 4:00

5. Date of opening bids;

(a) Date: Since September 18, 2019, the top three enterprises as a result of the evaluation of capacity to implement projects and the opening of bids after September 15, 2019 shall be posted on the following day on the date of opening on the bulletin board of the public notice of our website

7. Period for submitting documents for fact-finding (limited to three enterprises with the highest-class comprehensive rating);

(a) Period: From September 19, 2019: from September 19, 2019 to September 23, 2019, all documents and evidential materials necessary to assess the capacity to implement the project within the time limit for submission; and if documents are not submitted within the time limit, it shall be excluded from the selection of the supervisor;

(a) Period: From September 24, 2019: 9:00 to September 26, 2019; 10. Procedures and methods for the designation of a supervisor;

(a) Public announcement of procedures for designation of supervisors = Submission of electronic tender documents (including applications) = Selection and notification of the order of priority (preliminary order 1-3) = Acceptance of documents verifying the fact of three enterprises = Perusal and objection = Detailed evaluation in accordance with the documents confirming the fact = Designation (Notification) of supervisors (including applications);

(b) Method of designating a supervisor of housing construction works (1) shall be assessed in accordance with the criteria for designation of a supervisor of housing construction works (Public Notice No. 2018-465, July 31, 2018), and such criteria shall not be specified.

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