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(영문) 대구지방법원경주지원 2015.07.24 2014가합2860
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. The Defendant is a corporation established for the purpose of developing and developing electric resources and executing projects related thereto; the Defendant, on September 3, 2014, announced number Y14-S187-000, called “2014 light cleaning services” (hereinafter “instant bid”) with regard to “the first price basis 1,52,807,328 won” (hereinafter “instant services”).

(b) The tender of this case is a method of deciding as a successful bidder an enterprise which is recognized to be qualified by receiving at least 85 points of the comprehensive average point of 85 points after conducting a qualification examination in the order of a tendering company which is selected at the lowest price below the arithmetic average of four bidding prices selected at work in the defendant electronic commerce system within the limit of 15 reserve prices (within the limit of 2.5 per cent up to 8,2.5 per cent) differently prepared within the scope of the amount equivalent to 【2.5 per cent of the preliminary price base amount.

The relevant provisions concerning the defendant's tender announcement of this case and the detailed criteria for qualification examination of service of this case are as follows.

Public Notice of this case

7. Qualifications and conditions for participation in bidding;

(a) Qualifications for participation in bidding: 1) A person meeting all the following requirements; 3) a person who is a small and medium enterprise provided for in Article 2 of the Act on Promotion of the Purchase of Small and Medium Enterprise Products and Support for Development of Agricultural and Medium Enterprises and is issued a certificate of direct production (the name of a building cleaning service) of the relevant service by the bidding deadline pursuant to Article 9 of the same Act and Article 10 of the Enforcement Decree of the same Act (the date shall be within the effective period): The evaluation criteria for the performance of qualification examination: 1,447,839,000 won (excluding value-added tax) for supporting the operation of industrial waste storage facilities as similar services;

2. The term “general services” means all kinds of services (excluding the services as referred to in subparagraphs 3 through 10 and other services corresponding thereto) other than the technical services;

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