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(영문) 서울북부지방법원 2019.12.05 2018가합27885
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a specialized construction company that has its head office in Seongdong-gu Seoul Metropolitan Government and operates cooling, heating and sanitary equipment construction business, fire-fighting system installation business, etc. The Defendant is a comprehensive construction company that has its head office in Asan City D and operates civil engineering, building and packaging business, electrical construction business, communications construction business, etc.

B. On October 19, 2016, the Korea Land and Housing Corporation published a public notice of tender by the Korea Land and Housing Corporation (hereinafter “the instant construction”) and published a public notice of tender by the Korea Land and Housing Corporation (hereinafter “the instant construction”) and the provisions pertaining to joint contracts are as follows:

4. Joint contracts;

(a) The type of the joint contract of the construction works shall be classified as follows, according to the method of implementation by the joint supply and demand contractor under Article 2bis(type of joint contract) as defined in Article 2bis(3) of the Guidelines for the Operation of Joint Contract Rules by the Ministry of Strategy and Finance:

1. The term "joint performance method" means a joint contract under which members of a joint supply and demand company jointly perform the contract in accordance with a certain ratio of investment;

2. The term "form of sharing" means a joint contract under which the members of a joint contractor jointly perform the contract by dividing it into certain parts;

(c) The term "main contractor management method" means a joint contract under which the principal contractor is selected from among the members of a joint contractor for the execution of construction works under the Framework Act on the Construction Industry, and the principal contractor is conducting comprehensive planning, management, and coordination with respect to the execution of all construction contracts;

I have the honor.

The contractor who meets the requirements of subparagraph 3 (a) above and has the largest share as the principal contractor shall be organized with a specialized construction company and shall participate in the bidding.

(hereinafter omitted)

(c)the total number of members of the consortium shall be at least 5 per cent (other than by the method of sharing) of the minimum equity interest in the contract by each member within 10 persons;

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