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(영문) 수원지방법원 2016.09.22 2016구합60707
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was established on December 12, 1995 for the purpose of operating the development, maintenance, repair, etc. of computer and telecommunications network equipment. On July 15, 2014, the Plaintiff participated in the construction of a joint supply and demand organization with the Defendant’s project for building the web-site integrated system (hereinafter “instant project”) that was commissioned through the Incheon Local Government Procurement Service (hereinafter “BB”) together with the instant project, and was selected as the priority negotiation entity on September 16, 2014.

Article 6 (Provision, Replacement, and Supervision of Affairs of Human Resources) of the terms and conditions of the main general service contract of the instant contract (infection, replacement, and Supervision of Human Resources)

(2) The other party to the contract shall comply with instructions, requests for correction, etc. of end-user institutions related to services performance.

Provided, That an end-user institution may not give any unfair instruction irrelevant to the performance of contractual duties.

(3) Where a request for legitimate replacement of an end-user institution for a specific engineer is made in the course of providing services or replacement of an engineer due to the circumstances of the other party to the contract, the other party to the contract shall, in advance, disburse the resume of an engineer capable of verifying the qualifications necessary for performing the relevant services to the end-user institution

(4) Article 11 (Article 5-1-B of the General Conditions of Local Governments) of the General Conditions shall apply mutatis mutandis to the employment, replacement, etc. of other technicians to perform this service.

The general terms of local government services contracts mean Chapter XIV (General Terms of Services) among the standards for tendering local government and the execution of contracts (amended by the Rules of the Ministry of Security and Public Administration No. 103, Jul. 31, 2014).

Section 5. Implementation of a service contract

1. Commencement of and reporting on services;

(a) The other party to the contract shall commence services, as specified in the contract document, and at the time of commencement, the documents and the following matters provided for in the relevant legislation:

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