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(영문) 서울고등법원 2016.09.30 2015나2030815

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 49,003,807.

Reasons

1. Basic facts

A. In October 2007, Korea publicly announced the instruction for proposal (RFP) for the implementation of the project to build an integrated network for national defense (hereinafter “instant national defense project”) by means of leased type private investment (BTL) around October 2007 in order to prepare for network-centered and future vision and improve poor telecommunication infrastructure.

B. The SKcom Co., Ltd. (hereinafter “SK”), K, Military Mutual-Aid Association, and one telecom Co., Ltd. (hereinafter “SK”) participated in the process of selecting a project implementer by organizing a consortium in order to receive the instant defense project. The above four consortiums passed the prior qualification examination conducted around November 2007, but all failed to pass the performance test of equipment (Benchmark Test, BMT) conducted from December 2007 to January 2008.

C. Accordingly, on March 8, 2008, Korea publicly announced the instruction for proposal for the defense project in this case, and around July 2008, after undergoing prior qualification examination and performance test of equipment, it selected SKS consortium as the priority negotiation object for the defense project in this case. On December 2008, it entered into a concession agreement for the implementation of the defense project in this case with the above SKS consortium, and on May 8, 2009, SKS consortium established the Gangseo Military F&C Co., Ltd. (hereinafter referred to as the “DG”) for the purpose of promoting the defense project in this case.

On the other hand, for the performance test of the equipment at SKS consortiums around 2007, the company's initial telecom (hereinafter referred to as the "core Telecom") is selected as a project implementer of the national defense project of this case, such as purchasing coater, Crater, Crat), 750SR-12, and optical transmission equipment (Multi SP) 160SM from the Defendant.