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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 12, 2017, the Plaintiff publicly announced a bid on C services (including the installation and removal of exhibition halls and auxiliary facilities, the basic amount: 89,594,000 won, the estimated price: 90,940,200 won)
(hereinafter referred to as “instant tender” and “instant public announcement of tender”) B.
On May 19, 2017, the Defendant submitted a tender for the instant bidding price of KRW 78,254,100 for the purpose of exhibition room installation service business, etc., and responded to the instant bidding. The said tender submitted by the Defendant includes a written explanation of the payment of bid bond with the intent to pay in cash, at the Plaintiff’s request, a bid bond equivalent to at least 5% of the bid price if the contract is not concluded without good cause after the Defendant was selected as the successful bidder in the instant bidding.
C. According to the public tender notice of this case, the successful bidder shall be determined as the successful bidder at the lowest price below the projected price (less the successful bidder has not been selected) and the successful bidder shall comply with the contract within a given period (five days from the date on which the successful bidder is notified). If the successful bidder fails to comply with the contract, the mortgagee shall be selected as the successful bidder (Articles 4 and 5). If the successful bidder fails to enter into the contract without justifiable reasons, the successful bidder shall, at the request of the plaintiff, pay in cash the bid bond equivalent
(Article 6. D.)
On May 19, 2017, the Defendant was selected as the first successful bidder as the result of opening the bid in this case, but on May 22, 2017, submitted a written waiver of the successful bid to the Plaintiff for lack of service installation costs.
E. On May 23, 2017, the Plaintiff sent a content-certified mail demanding payment of KRW 3,912,705 (i.e., KRW 78,254,100 x 0.05) by May 31, 2017 on the ground that the Defendant renounced the performance of the successful tender without justifiable grounds, and the said notice is given.