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(영문) 수원지방법원 안산지원 2018.01.11 2017가합6358
낙찰자 지위 확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2017, the Defendant publicly announced the bidding [including the value-added tax (including the value-added tax) / 3 years for the designation of the company that will perform the operation and management of the Seongdong-dong Food Waste Recycling Facility in Ansan-si, Nowon-gu, Seoul, for the purpose of selecting the company that will perform the operation and management services of the operation of the facilities for converting the food wastes into resources (hereinafter “instant bidding”), and the Plaintiff participated in the said bidding.

B. In the public announcement of the instant case, the Defendant submitted the bid price to the total contract period of three years (non-settlement cost), and publicly notified that the monthly change in repair cost, material cost, waste disposal cost, etc. was separately settled, and the determination of the successful bidder was made at the lowest price (72.95% of the successful bidder: 72.95% of the successful bidder’s bid price) from among the bidders below the projected price, and indicated that “The detailed criteria for the examination of general services of Gyeonggi-do (No. 2016-1324, Dec. 15, 2016, the Gyeonggi-do Public Notice No. 2016)” (hereinafter “the instant review criteria”) should be examined according to the review criteria for services, other than simple labor cost of at least an estimated price of at least 1,00,000,000 as the successful bidder. The details related to the instant case in the review criteria are as shown in the attached Form.

C. On April 3, 2017, the Plaintiff was selected from among the participating companies in the instant bidding subject to the fifth priority examination.

Since then, the companies selected as the subjects of the first or third priority examination failed to receive more than 85 points in the comprehensive reputation, and the defendant's supplementary intervenor, who is the subjects of the fourth priority examination, was selected as the successful bidder by receiving the total of 86.03 points, including 37 points of service performance, 30 points of management status, 30 points of local enterprises participation, and 16.23 points of tender price.

On April 28, 2017, the Defendant entered into a contract for the operation and management of food waste recycling facilities (contract number: 20170468552) with the Defendant’s Intervenor.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3 and 5, respectively.

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