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(영문) 대전지방법원 2016.04.06 2015가합102778
지위확인
Text

1. The part of the Plaintiff’s claim for the confirmation of status against Defendant Sejong Special Self-Governing City and the part of the Defendant Daejeon Local Procurement Service.

Reasons

1. Basic facts

A. On March 30, 2015, Defendant Public Procurement Service, as an affiliated organization of Defendant Republic of Korea, announced the instant bid on the website of the Republic of Korea.

B. The Corporation shall enter into a joint contract with a person located in the same region and with a person located in the same region at least 49/100 of the total investment amount under a joint contract, where a joint contract for a regional compulsory contract applies, and the representative has the qualification to participate in the tender at least 49/100 of the total investment amount.

C. The joint supply and demand organization for the plaintiffs participated in the bidding of this case by designating the plaintiff as the representative, and the joint supply and demand organization composed of the supplementary intervenors (hereinafter “joint supply and demand organization for the supplementary intervenors”) by the defendants as the representative (hereinafter “joint supply and demand organization for the supplementary intervenors”) participated in the bidding of this case by taking the supplementary intervenors as the representative company (hereinafter “joint supply and demand organization for the supplementary intervenors”).

As a result of opening on April 23, 2015, the comprehensive construction for private months was selected as the subject of the first priority examination, and the plaintiff was selected as the subject of the second priority examination.

E. On May 12, 2015, Defendant Republic of Korea selected as a successful tenderer of the instant tender for the instant comprehensive construction project, and concluded the instant construction contract with the instant comprehensive construction project on May 13, 2015.

[Ground for recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Gap evidence 6, Eul evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) The instant bidding is allowed only to participate in the company located at the time of Sejong. The instant bidding is a company that only the location of the head office on the registry and the actual business is conducted at the time of Sejong Sung-gu, and there is no qualification for participation in the bidding. 2) Since the bid for private construction becomes invalid, the Plaintiff selected as a person subject to the first-class qualification examination is subject to the second-class qualification examination.

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