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(영문) 대구지방법원 의성지원 2018.11.21 2018가단10052
채무부존재확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On October 12, 2017, as indicated in the attached Form, the Defendant Cooperative conducted bidding on October 18, 2017, following the public announcement of the tender by B, with respect to Daehan (hereinafter “instant construction”) as indicated in the attached Form C.

(hereinafter “instant tender”). The main contents of the instant tender announcement are as follows.

An amount equivalent to at least 5/100 of the bid price for the bid bond shall be paid at the time of registration of participation in the bid in cash or the surety insurance policy under the E-Union, etc., and if the successful bidder fails to conclude the contract within the prescribed period, the bid bond shall revert to

I will follow the provisions of the tender offer for the invalid construction works and the provisions of the contract of ourB Association.

A person who intends to participate in a tender referred to in Article 6 (Deposit for Tender) (1) of the Enforcement Rule of the Contract Affairs by the E-Union shall pay the bid bond, which is equivalent to at least 5/100 of the bid amount, in cash or by a letter of guarantee, etc. acknowledged by the ordering office by the deadline for application for participation.

(2) If a successful bidder fails to conclude a contract within the prescribed period, the tender bond concerned shall vest in the disposition of the ordering company.

Article 7 (Participation in Tender) (2) Where an agent is designated at the time of submitting an application for participation in tender, such agent may participate in tender.

(3) The qualification of an agent under the provisions of paragraph (2) shall be limited to executives and employees of the relevant corporation, where a participant in the tender is a corporation, and shall verify whether he/she is executives and employees as necessary:

1. Evidentiary materials verifying one of the four insurances (within the latest three months);

2. Evidentiary materials for payment of income tax issued by the relevant corporation related to the benefits received from the relevant corporation.

3. A certified transcript of corporate register;

4. Other materials by which it is possible to confirm whether an executive or employee is a person or employee, a tender which is referred to in Article 59 of the Working Rules for the Management of Contract Affairs, and any of the following subparagraphs:

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