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(영문) 광주지방법원 2015.04.23 2014구합11854
입찰참가자격제한처분취소
Text

1. The plaintiff C's lawsuit shall be dismissed.

2. The administrator of the rehabilitation debtor A, who is the litigation transferee of the plaintiff A corporation.

Reasons

1. Basic facts

A. The plaintiffs A Co., Ltd. (hereinafter referred to as "A") is a company that engages in construction business, etc. as its business, and is a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as "Fair Trade Act"), and the plaintiff C is a former representative director of A.

A was decided on January 7, 2015 by Seoul Central District Court 2014 Ma100212, and A’s representative director was deemed a custodian of a debtor for rehabilitation (hereinafter “Plaintiff trustee”) pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act, and the Plaintiff custodian took over the instant legal proceedings from A.

B. The Gwangju Metropolitan City's Water Service Headquarters, a summary of the public notice of bid for D construction works and bidding, is a construction project for collecting raw water for commercial use from F located in the area of "D Construction Works" in the Seoul Metropolitan City of the Public Procurement Service through the Public Procurement Service on April 21, 2009 to supply water to the water purification site of Gwangju Dong-gu G.

(The next, the public tender of the construction project (hereinafter referred to as the “instant tender”) was publicly announced. The construction project of this case is a package design and construction project of which total project cost is approximately KRW 79.9 billion, and the bid method is “a 60% design score and 40% price score”. According to the bid method, among eligible design applicants whose design score is at least 80 points, the bidder who has obtained the highest score by adding design weight and price weight to design score is determined as the successful bidder.

C. A and Namyang Construction Co., Ltd. (hereinafter referred to as “Namyang Construction”) shall participate in the bidding process of the E facilities and the tender process publicly announced by the Korea Water Resources Corporation on Jan. 23, 2009, in a formal manner, from the tender of the E facilities and the Trayang Construction Co., Ltd. (hereinafter referred to as “Tyang Construction”) as a successful bidder, A shall participate in the bidding process in the form of this case and each of them shall be selected according to the bid ratio agreed in advance.

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