손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 30, 2014, the Defendant publicly announced the bid for a cooperative company for power distribution and construction (hereinafter “instant bid”) in 2015, and the Plaintiff and the Sungchi Electricity Co., Ltd. (hereinafter “Ssung Electricity”) participated in the bid for the GotensionA Corporation in 2015 (hereinafter “instant construction”).
As a result of the instant bid, sexual electricity was selected as the subject of the first priority examination, and the Plaintiff was selected as the subject of the second priority examination, respectively, and sexual electricity was selected as the successful bidder of the instant construction according to the result of the examination of qualifications on December 4, 2014.
B. On December 15, 2014, the Plaintiff asserted that the Defendant submitted a false certificate of performance of construction work, and raised an objection.
On December 31, 2014, the Defendant notified upon confirmation by the Korea Electrical Construction Association of the cancellation of the qualification of the successful bidder pursuant to Article 11(1) of the “Standards for Examination of Qualification of Cooperative Companies for Electric Distribution Corporation” (hereinafter “Standards for Examination”) and appointed the Plaintiff as the successful bidder of the instant construction on January 13, 2015.
With respect to the instant construction works on January 20, 2015, the Plaintiff and the Defendant concluded a contract for construction works, the estimated contract amount of KRW 3.6 billion, the construction period of which was between January 22, 2015 and December 31, 2016 (hereinafter “instant contract”).
The instant contract is not a contract for one specific project, but a contract for three companies selected as the Defendant partner companies in order that the total construction cost of each partner company during the contract period is similar to that of each partner company.
C. However, the above court rendered a decision of acceptance on February 16, 2015 (hereinafter “decision of provisional disposition in this case”) against the Defendant on the application for provisional disposition such as prohibition of concluding a contract against the Defendant (Seoul District Court 2015Kahap5019).