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(영문) 창원지방법원마산지원 2015.11.11 2015가단1102

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 Plaintiff, a company engaged in the electrical construction business, was merged with the passenger test (hereinafter “the passenger test”) in around 2012, and the Defendant is an electrical construction business entity established under the Electrical Construction Business Act.

B. On December 4, 2014, the Plaintiff participated in the 2015, 2015, 2016, M&B regional bids by the Cooperation Company for Electric Power Distribution Corporation (hereinafter “instant bids”) and was selected as a successful bidder through a qualification examination as a person subject to the first priority eligibility examination.

C. However, the Sejong Electric Power Co., Ltd., a person subject to priority examination, filed an objection with the Plaintiff to the effect that the Defendant’s actual results of electrical construction and detailed statement submitted by the Plaintiff during the process of examining the qualification (hereinafter “instant actual results confirmation Board”) are false.

Accordingly, the Korea Electric Power Corporation requested the Defendant to verify the facts regarding the electrical construction performance of the instant case, and the Defendant included the false report to the Korea Electric Power Corporation on December 22, 2014, and thus, the notification of the reduction and completion of revaluation of the execution capacity to the Korea Electric Power Corporation (hereinafter “the notification of the instant case”).

A. Before 200:

E. On December 22, 2014, the Defendant notified the Plaintiff of the result of revaluation of the appraised value of the execution capacity in 2014. The content of the Plaintiff’s electrical construction performance was 5 cases in 2009, 210 cases in 2010, 13 cases in 2011, and 7 cases in 2012, which were reported differently from the fact. The remainder of the reduced construction works, excluding one case, was all merged with the Plaintiff.

F. The Korea Electric Power Corporation determines that the instant performance verification Board was improperly or falsely made, and notifies the Plaintiff that the Plaintiff was disqualified from the status of the first highest bidder pursuant to Article 11(1)1 of the Standards for Examination of Qualification of Power Distribution Cooperative Co., Ltd. on December 26, 2014.

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