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(영문) 인천지방법원 2015.10.21 2014가합655

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the Plaintiff is that the Plaintiff is a person who runs a business of screening aggregate products producing aggregate by crushing rocks after completing business registration with the trade name of “B,” and the Defendant is a construction work that acquires and develops land, constructs and supplies housing, and manages aggregate.

B. The Defendant’s public announcement of tender and conclusion of the instant sales contract 1) The Defendant’s C is the G Housing Site Development Project District (hereinafter “instant project District”) located in Kimpo-si, Kimpo-si, D, E, and F, Sept. 28, 2012.

(2) The blasting cancer generated in a timely space (hereinafter referred to as “the blasting cancer of this case”) shall be:

(2) On October 10, 2012, the Defendant: (a) opened an on-site site conference on the sale of the instant blasting cancer on the following occasions: (b) on the aggregate of 647,037 cubic meters of estimated volume, the public announcement of tender was submitted (see subparagraph 3-4 of the evidence No. 3); (c) on the said public announcement of tender, KRW 1,500,00,000, which is the appraised amount for the instant blasting cancer by the certified public appraisal corporations and the national appraisal corporations of the country of the corporation, were presented as estimated price. (d) The Defendant held an on-site conference on the sale of the instant blasting cancer; and

3) The Plaintiff bid the Defendant’s tender notice at KRW 4,620/metres (including value-added tax) and was selected as a successful bidder. On October 30, 2012, the contract amount is KRW 2,989,310,940 (=647 cubic meters x 4,620 cubic meters x 4,620 metres) between October 30, 2012 to December 30, 2013 (hereinafter “instant sales contract”).

(4) According to the instant sales contract, the notice of tender and the site descriptions were included in the terms and conditions of the contract, and the bidding conditions for the public notice of tender were “B.”

(A) The refinite blasting cancer inevitably contains foreign materials, such as scrap residues and earth and sand, and this is considered as a successful bidder's own disposal after transport, and thus, a tender is held.