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(영문) 서울고등법원 2016.12.23 2016나2048615

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff concluded a bid consulting agreement with the Defendant for electronic tendering (hereinafter “instant contract”).

Article 2 (Rights and Duties)

2. The defendant shall participate in the bid according to the bid price offered to the plaintiff, and the disadvantage incurred in the failure to perform the bid shall be borne by the defendant.

Article 3 (Remuneration for Successful Consultation)

1. The defendant should pay 2% of the successful bid amount to the plaintiff when it is awarded through information on the plaintiff's successful bid price (excluding surtax).

- Even if the successful bidder is not a first priority, if the defendant is selected as a final successful bidder due to the lack of eligibility and standard, the plaintiff's analysis price shall be recognized as the successful bidder and the successful remuneration shall be paid.

2. Through the Plaintiff’s “in-house document box” on the Plaintiff’s website, the Defendant’s notice of “in-house document box” shall be deemed to have obtained consulting from the Plaintiff, and the successful bid shall be recognized as a successful bid through consulting and the contingent fee shall be paid when the successful bid price is changed at will.

3. In principle, the amount of contingent remuneration shall be paid within 14 days after opening the bids.

(Period of Consultation) The term of this consulting service shall be provided for 12 months from the beginning date of the service.

B. On July 13, 2015, the Incheon Regional Government Procurement Service publicly announced the “D Construction Project” bid (hereinafter “instant bid”) under the Incheon Metropolitan City Incheon Metropolitan City Mayor (hereinafter “instant construction project”).

C. On July 20, 2015, the Defendant confirmed that “the winning price for the Plaintiff’s bid on the instant bidding is KRW 6,662,695,826,” by inserting the “Analysising the “Analysising Amount” pressing on the Plaintiff’s website.”

In the instant bid, the Defendant tendered for KRW 6,681,378,347 on July 21, 2015 and was allocated two times in the order of opening tenders.

As the first opening company failed in the qualification examination, the Defendant was finally awarded the instant construction contract.

[Reasons for Recognition]