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(영문) 대구지방법원포항지원 2019.08.29 2019가단2511
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) Bidding process and award process;

2. Bidding and contracting methods;

(a) Unit price tendering, direct tendering, or limited competitive tendering;

(b) Services subject to the minimum successful bid system and the integrity contract system;

3. Qualifications for participation;

(a) It shall be an enterprise which has general freight trucking services in accordance with Article 3 of the Enforcement Decree of the Trucking Transport Business Act and Article 67 of the Enforcement Rule, and shall subscribe to cargo liability insurance for trucking vehicles;

4. Bid guarantee money;

(a) A person wishing to participate in a tendering procedure shall pay an amount of not less than 17.5 million won in cash or a guaranty insurance policy until the participation in the tendering procedure is registered;

(c) If the successful bidder fails to conclude the contract without good cause within five (5) days from the date of the successful tender, the bid bond will revert to the procuring entity.

6. Selection of successful bidders;

(a)The successful bidder shall be determined from among the bidders who bid the lowest (value added) price among the total sum of the unit prices for transportation [1] and [2] below the projected price;

(b) If there are two or more persons who have tendered at the same price [1] a person whose unit price is low shall be determined as a successful tenderer [1], and if the unit price is the same, the successful tenderer shall be determined by lot.

8. Other 1) The bidder shall be aware of all the matters necessary for the tender, such as the tender notice and the tender notice, prior to the tender, and shall participate in the tender, and shall be responsible for the failure to comply with this. 1) The main contents of the Defendant’s notice of the tender for mixed feed transportation services (B association notice C) on April 19, 2019 are as follows:

Article 5 (Tender Bond) (2) When a successful bidder fails to conclude a contract within the prescribed period, the bid bond concerned shall belong to the ordering office.

Article 14 (Conclusion of Contracts) (1) A successful bidder shall conclude a contract within five days from the date on which the successful tender is determined by the contract in a fixed form, and he/she shall make a statement of calculation of the successful tender amount to the contracting officer by the time the commencement report is submitted.

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