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(영문) 대전지방법원 2018.05.18 2017구합103077
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose business purpose is electricity, information and communications, information system, fire-fighting design and supervision, and information and communications business.

B. On April 7, 2016, the Plaintiff: (a) entered into a purchase contract for goods ordered by the Seoul Local Government Procurement Service upon the request of the Korea Film Archive; and (b) entered into a contract for the procurement of the Muling System Equipment for the conversion of digital cinema tally editing (hereinafter “instant contract”) with KRW 188,891,70 (including value-added tax); and (c) entered into a bid agreement with the following details on April 22, 2016.

The date of contract: The name of the other party to the contract on April 22, 2016: The name of the party to the contract: the name of the party to the contract requested for the procurement of the Mwiting system equipment for the editing conversion of digital cinemas: the contract amount of 188,891,700 won (contract deposit amount of 18,889,170 won): The delivery period: the Korean Film Archive on June 21, 2016:

C. On June 7, 2016, the Plaintiff requested the Seoul Local Government Procurement Service to modify the contract (the extension of the payment period due to the increase in the contract amount and exemption from the liquidated damages) or cancel the agreement, but the Seoul Local Government Procurement Service responded that the contract amount cannot be increased or the contract cannot be cancelled without amendment to the terms of the contract.

The Plaintiff was not supplied until June 21, 2016. The Seoul Local Government Procurement Service notified the Plaintiff to implement the supply plan, etc. on September 6, 2016, and cancelled the instant contract pursuant to Article 75(2) of the Enforcement Decree of the State Contracts Act and Article 26(1)3 of the General Conditions for Goods Purchase Contracts, and claimed that the Information and Communications Mutual Aid Association, which is the guarantee agency of the instant contract, revert the contract deposit of KRW 18,889,170 to the National Treasury, and on September 23, 2016, the said amount belongs to the National Treasury.

E. On October 20, 2016, the Administrator of the Seoul Regional Public Procurement Service: (a) imposed a restriction on participation in bidding for six months on the grounds that the person who did not conclude or implement a contract without justifiable grounds under the State Contracts Act; and (b) the Korean Film Archive, which is an end-user institution, on August 24, 2017.

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