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(영문) 춘천지방법원 2019.06.11 2018구합52677
부정당업자 입찰참가자격 제한처분 취소
Text

1. The Defendant’s disposition of restricting the participation of unjust enterprisers against the Plaintiff on December 11, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

가. 원고는 토목건축공사업 등을 영위하는 회사로서, 주식회사 B 이하 ‘주식회사’의 기재는 모두 생략한다.

same as in the case of other companies;

The joint contractors (hereinafter referred to as the "joint contractors of this case"), together with C Corporation, constitute joint contractors with the joint contractors of this case (hereinafter referred to as the "joint contractors of this case"), 50% of the equity ratio B (representatives), 30%, and 20% of the C Corporation), and participated in the bidding on the D Corporation (III) ordered by Gangwon-do (hereinafter referred to as the "Corporation").

B. The instant contracting body was determined as a successful bidder of the instant construction project, and concluded a contract for construction with Gangwon-do on February 13, 2018.

(hereinafter “instant contract”). C.

The Plaintiff, while performing the construction project under the instant contract, has aggravated financial standing and made it difficult for the Plaintiff to normally perform the construction project. After having agreed with B and C Corporation to withdraw from the instant joint supply and demand company, on October 12, 2018, he/she sought approval for the withdrawal of the instant joint supply and demand company in Gangwon-do, and submitted the “written waiver of construction project” as follows:

No. : He shall approve the withdrawal of the remaining amount of the plaintiff by a joint supply and demand agreement of the joint supply and demand agreement as it is difficult for the joint supply and demand company (Plaintiff) to smoothly supply materials for the remaining construction and to carry out the construction work in connection with the construction work in this case, to give up the remaining amount of the plaintiff.

- In addition: A letter of waiver of construction works / a letter of waiver of construction agreement with us (Plaintiff) and Gangwon-do to the present construction works of this case which are contracted by us, are unable to continue to perform their duties due to reasons attributable to us, and thus, waive the above-mentioned progress payment (81,69,503 won) and, at the same time, waive all the rights to the remaining construction works (the balance 451,302,297 won) and grant the representative B the authority for the remaining amounts.

The following shall be agreed with respect to the instant construction project, and a subordinate, etc. shall be raised:

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