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(영문) 서울중앙지방법원 2018.08.29 2018가합523636
낙찰자지위확인 등
Text

1. The part concerning the claim for confirmation of the status of successful bidder in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. Facts of recognition;

A. On March 9, 2018, the Defendant announced the bidding (hereinafter “instant bidding”) as follows regarding the supply of rubber plates for foster stock farms:

(1) A bidder at simultaneous bidding for specifications and prices (Article 2) shall submit a request for participation (Article 5) through the Electronic Procurement System for the following (Article 5).

(4) A successful tenderer shall be determined from a person who has tendered the lowest price as a successful tenderer after conducting a bid for specifications (technology) and price simultaneously, after conducting a price review only for an enterprise determined as a qualified person for specification (technology) tender.

(5) A tender falling under Article 9(b)(5) of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “Enforcement Decree of the State Contract Act”), Article 39(4) of the Enforcement Rule of the Act on Contracts to which the State is a Party (hereinafter “Enforcement Rule of the State Contract Act”), Article 44 of the Enforcement Rule of the Act on Contracts to which the State is a Party, and Article 12 of the Decree on Contracts to Purchase Goods (Manufacture). A tender shall be null and void. A tender shall be excluded if a person who fails

section 10(a), (b)(b).

In the public announcement of the instant case, specifications on the supply of rubber plates for the promotion of livestock farms, the size and quantity of which are determined in the public announcement of the instant case (hereinafter “the instant specifications”) shall be as follows:

In the event of failure to meet the standards for specifications (Article 4 of Chapter 1), supply shall not be made (Article 4 of Chapter 1), and if necessary, a request may be made to an authorized testing institution for an examination to determine the suitability of the tallying goods, and expenses incurred

(Art. 5 of Chapter 1). Rubberboards

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