beta
(영문) 의정부지방법원 2015.12.18 2015나54036

기타

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 11, 2012, the Plaintiff and the Defendant provided bid analysis and bid information search services to the Defendant via the web page, and the Defendant entered into a service use contract with the content that, if the Plaintiff was awarded a successful bid by using the recommended price presented, the amount equivalent to 1.8% of the price will be paid as the successful bid fee (hereinafter “instant use contract”).

B. After that, according to the bid information and recommendation price provided by the Plaintiff, the Defendant: (a) on July 13, 2012, the 889,908,870 won (including value-added tax; hereinafter the same shall apply); and (b) on October 9, 2012, hereinafter referred to as “the 2nd construction work” as “the 1st construction work” each of the instant construction works, including the 1st and 2nd construction work.

A) was awarded the award amount of KRW 1,177,763,80 for each bid price of KRW 1,177,763,80 for each bid price of KRW 1,2, and 300 for each bid price of KRW 1,2, and 3, evidence No. 4-1, and 2, evidence No. 6, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the defendant is required to pay the plaintiff a total of KRW 37,218,108 [= KRW 16,018,360 ( KRW 889,908,870 relating to the first construction x 1.8%) related to the second construction 21,199,748 ( KRW 1,177,763,800 x 1.8%). Since then, the defendant is required to pay the plaintiff a total of KRW 33,834,545 ( KRW 14,562,090 related to the first construction 14,272,450) with KRW 19,272,450 related to the second construction 20,000 and KRW 26,000 among them until 25,000,0000, KRW 304,5381,250) of the Civil Act.