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(영문) 대구지방법원 2015.04.09 2014가단49217
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2, 2014, the Defendant announced the instant construction project announcement with the following content.

Bidding Method: On July 16, 2014, the date on which an application for participation in the limited competitive bidding, total bid (including value-added tax): The date on which an application for participation is filed on July 15, 2014: the date on which an application for participation is made on July 16, 2014: the date on which an application for participation is made on July 14, 2014: the date on which a bid is made on July 15, 2014: the date on which a bid is made on July 15, 2014 - cash or a letter of guarantee, etc. - If a successful bidder fails to conclude a contract without justifiable grounds within seven days from the date on which the successful bidder is successful, the deposit will belong to the Defendant. The method of determining a successful bidder shall be determined as a limited minimum bid based on Article 55 of the Regulations on the Administrative Affairs of the Defendant and the standards set by the Defendant Construction Promotion Committee.

Article 55 (Determination of Successful Bidder in Competitive Tender) of the Rules on the defendant Contract Affairs of Article 55 of the Rules on the defendant Contract Affairs of Article 55 (Determination of Successful Bidder in Competitive Tender that imposes a Burden on Expenditure) (1) In the competitive bidding that imposes a burden on the defendant, the lowest bidder shall be determined as a successful bidder (hereinafter referred to as "minimum bid"), and the lowest bidder shall be determined as a successful bidder.

(2) Notwithstanding the provisions of paragraph (1), in cases falling under any of the following subparagraphs, a successful tenderer may be determined (hereinafter referred to as the "limited minimum bid") from among those who have tendered not less than 80/100 of the estimated price among those who have tendered not more than the estimated price by resolution of the board of directors, in order to prevent the failure to implement

In such cases, the estimated price, basic amount, design amount, budget amount, etc. may be inserted in the public announcement letter.

1. Construction contracts;

2. In case of a service contract (3) In case where the limited minimum price pursuant to the provisions of paragraph (2) is promoted, the contracting officer shall pay the estimated price pursuant to the provisions of Article 14;

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