손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The Defendants jointly share the Plaintiff with KRW 77 million, and they share the same.
1. On December 2, 2013, the Plaintiff’s primary fact: (a) the prime Ssychtopy Hospital at the Plaintiff’s school (hereinafter “Plaintiff Hospital”) announced a public announcement to enter into a contract for the entrusted operation of the patient type (hereinafter “instant entrusted operation contract”); (b) on January 2, 2014, the tender presentation presentation was registered on January 7, 2014, and was conducted on January 9, 2014 (hereinafter “instant bidding”).
The bid of this case shall be determined as a successful bidder when a negotiation is concluded in order of high points after adding the points of performance records, management status, operational ability, and price evaluation of the tender participants, and then making a preferential negotiation in order of high points.
The tender participants shall pay 10 million won as the performance guarantee insurance policy at the time of the tender, and where the successful bidder fails to conclude the entrusted operation contract within 72 hours, the successful bid shall be invalidated, and the bid bond shall automatically be reverted to the plaintiff.
In the instant bid, four companies, including Defendant Hyundai Gym Co., Ltd. (hereinafter referred to as “Defendant Hyundai Pym”) and Samsung Pymto Co., Ltd. (hereinafter referred to as “Masung Pymtom”) participated in the instant bid.
At the time of the instant tender, Defendant Hyundai Food presented the unit price of patient as KRW 4,100 (the 4,163 won per 3,00), and concluded a guarantee insurance contract with Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) and submitted the performance guarantee insurance policy, which was called “the purchase price of the insurance amount of KRW 110,000,000,000,000 won,” to the Plaintiff Hospital.
Plaintiff
On January 10, 2014, the hospital selected and notified the Defendant Hyundai Furk, which received the highest points among tender participants, as priority negotiation partners.
Plaintiff
On January 27, 2014, the hospital did not conclude the entrusted operation contract even though it was determined as the successful bidder on January 13, 2014, and it notified the Defendant Hyundai Fluor that it will conclude the contract until January 29, 2014.