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(영문) 서울고등법원 2016.11.25 2015나2050307

손해배상청구 등

Text

1. As to the principal lawsuit, the appeal by the Plaintiff (Counterclaim Defendant) and the preliminary decision by the Plaintiff (Counterclaim Defendant) added at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

(a) Conclusion, etc. of contracts for vicarious execution of external advertisement of urban buses;

1. Matters referred to the tender;

(a) Bidding method: Open competitive bidding (Peremptory notice of at least the estimated price set by the cooperative);

(b) Tender title: Selection of an operator of an external advertisement agency for urban buses;

(c) Tender subject to a bid - Total 7,512, 66 advertising specifications: The details, such as advertising specifications within the scope of advertising area indicated in Article 19 of the Enforcement Decree of the Outdoor Advertisements, etc. Control Act, are reference materials for convenience of business and may be different from the field, and disadvantage incurred from any part different from the field, shall be the responsibility of the project applicant;

3. Restriction on bidding;

(c) For a subsequent waiver of a contract, whether it is not qualified to participate in the bidding for intra-city bus advertising for three years from the end of the future contract obligation;

6. Payment and reversion of bid bonds;

(a) The bid bond amounting to not less than 5/100 of the total amount of the bid shall be paid to the account for the payment of the deposit by the deadline for the closing of electronic bidding;

If a successful bidder fails to conclude a contract within the contract period from the date of successful tender without justifiable grounds, successful tender shall be revoked, and a bid bond shall belong to the B Association, and in such cases, the successful bidder shall be subject to a disposition to

10. Conclusion of a contract

(a) A successful tenderer shall pay user fees for media (three months based on the amount awarded at the time of bidding) in advance and enter into a contract within the designated date (seven days) from the date of successful tender;

b.12. Payment (deposit) and reversion of the performance guarantee;

(c) Where a contract is terminated earlier due to the circumstance or cause of the successful bidder, an advertisement accompanying the indemnity for damages and the renewal of the contract between the new event and the agency contract for advertising media;

In order to compensate for the amount of the loss, the full amount of the performance bond shall be reverted to B.

(a)the bidder shall be informed fully of the terms and conditions of the contract and all other necessary matters for the tender, and shall not be familiar;