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(영문) 대구지방법원 포항지원 2018.02.22 2017가합11501
낙찰자지위확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff participated in the instant construction project that was conducted by the Defendant under the Ulle Military Notice No. 2017-411 on September 13, 2017 and was awarded a successful bid as the first company.

Accordingly, on September 21, 2017, the Plaintiff prepared documents necessary for the examination of qualifications, and the Defendant notified the Plaintiff on September 21, 2017 that “The Plaintiff was treated as a successful tenderer because it was found that there was an error or error in the method of determining a successful tenderer among the details of the tender notice.

The Defendant publicly announced that “the tender which restricts the qualification for participation in the tender due to construction performance” in the tender announcement of the instant construction project, the Defendant revoked the determination of the successful bidder against the Plaintiff on the ground that “the qualification for participation in the tender and the criteria for qualification examination applicable to the tender are not specified in the above public announcement.” The Act on Contracts to Which a Local Government Is a Party does not stipulate the reasons why the determination of the successful bidder can be revoked after the opening of the tender, even if there are errors in the tender announcement.

Therefore, the Plaintiff seeks confirmation of the successful bidder of the instant construction project from the Plaintiff.

2. In light of the judgment, the plaintiff did not submit any evidence to prove the above assertion, and even according to the plaintiff's assertion itself, the plaintiff is in the position of a person subject to the first priority examination in the bidding procedure of the construction of this case and is not in the position of successful bidder.

Therefore, we cannot accept the plaintiff's above assertion.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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