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(영문) 서울중앙지방법원 2016.01.15 2015가합553315
낙찰자지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2014, the Defendant publicly announced the bid for the two sections of the Korea Mining Corporation, Taean Mining Corporation, the second section of the Mining Corporation, and the forest restoration work (hereinafter “instant bid”).

The details relating to this case in the notice of the instant tender are as follows.

7. Method of determining a successful bidder;

A. "Detailed Criteria for Examination of Qualification for Facilities Construction and Services" (hereinafter referred to as "Detailed Criteria for Examination of Qualifications in this case") in the order of bidders who bid the lowest price below the estimated price among bidders, and [Attachment I] [Detailed Criteria for Examination of Qualifications in this case]

2. He shall determine as the successful bidder the person whose estimated price is less than 10 billion won and who is at least 95 points in the comprehensive reputation after examining the qualifications according to the construction work in which the estimated price is at least five billion won

For the evaluation of construction experience, "Cumulative total of the results of the relevant type of business for the last five years in comparison with the estimated amount of the relevant construction work" is "Act on the Prevention and Restoration of Mining Damage" during the period from 09 to 13 years.

(ii) the same specialized field (which means the construction and service performance of forest restoration projects and land restoration projects) as the other project performed pursuant to this paragraph.

B. It is called the "joint contractor" of this case, which is composed of three-way counterpart corporation, Yjin Construction Co., Ltd.

The Plaintiff, etc. participated in the instant bidding, and upon opening on September 11, 2014, the joint contractors of the instant case were selected as persons eligible for the first priority examination, and the Plaintiff was selected as persons eligible for the second priority examination.

C. On September 25, 2014, the Defendant entered into a contract for the instant bidding with the instant joint contractors.

On June 2, 2015, the Board of Audit and Inspection shall give notice of the instant tender to the Defendant,

7.(a)

Although the performance for the appraisal of construction experience among the items of qualification examination is limited to the performance for the restoration of forests and the restoration of land in the same specialized field as those subject to the bid of this case, the contract staff of the defendant does not fall under the restoration of forests and the restoration of land when the qualification examination for the joint contractors of this case is conducted.

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