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(영문) 대전지방법원 2020.05.21 2019가단111926
기타(금전)
Text

1. The defendant shall pay 138,295,00 won to the plaintiff and 12% per annum from May 3, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 19, 2018, the Plaintiff announced a public announcement of the instant public announcement of the tender for regular lease and maintenance and management services at the Office of Education A (including C Office of Education and D Office of Education) (hereinafter “instant public announcement of tender”).

The main contents of the announcement of this case are as follows.

1. The name of services referred to the tender: The regular rental and maintenance services for air conditioners in elementary, middle, and high schools within the jurisdiction of the Office of Education A (C Office of Education, D Office of Education);

9. The payment and vested bid bond shall be exempted pursuant to Article 37 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, but the exemption from the payment of bid bond shall be substituted by the submission of a tender stating the details of the obligation to pay bid bond through the electronic bid system;

The provisions of Article 38 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party shall apply to measures for the revenue of tender bonds.

11. The method of selecting successful bidders;

(d) The successful bidder shall submit 10/100 or more of the successful tender price and enter into a contract within 10 days from the date of the successful tender, and if the contract is not concluded, the bid bond shall be reverted to the Office of Education in accordance with Article 38 of the Act on Contracts to Which a Local Government Is a Party and may be subject to sanctions against unjust enterprisers.

B. The Defendant bid according to the instant public notice of tender, and the Plaintiff selected and notified the Defendant as a successful bidder on January 15, 2019.

C. On January 18, 2019, the Defendant submitted the “written waiver” and the “closed system” to the effect that it is difficult for the Plaintiff to proceed with the business, and that it renounces the contract following the said successful bid.

Accordingly, on January 18, 2019, the Plaintiff notified the Defendant that the contract under the above successful bid is terminated, and on January 24, 2019, Article 12(3) of the Act on Contracts to Which a Local Government Is a Party, and Article 38 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party.

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