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(영문) 서울중앙지방법원 2016.11.02 2015가합5878
손해배상
Text

1. Defendant B and C jointly share KRW 592,211,00 for the Plaintiff and 5% per annum from March 13, 2015 to November 2, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is an educational foundation that establishes and operates the G University. 2) The Defendants were those who established a labor contract with the Plaintiff and worked at the G University, and Defendant B was the vice president, Defendant C was the dean, Defendant D was the director of the asset management team, Defendant E was the employee of the asset management team, and Defendant F was the head of the general affairs team.

B. 1) On February 1, 2005, the Plaintiff placed an order for the instant construction project on the land outside H of Suwon-si, Suwon-si and three lots above the size of one story below ground, three stories above ground, three stories above total floor area of 3,396 square meters on the ground (hereinafter “instant building”).

2) As to the construction of the instant building, the construction of the instant building (hereinafter referred to as the “instant construction”).

(2) Around September 12, 2005, the Plaintiff calculated the construction amount of KRW 3,251,000,000. (2) The Plaintiff decided to select an enterprise to perform the instant construction work through a general open competitive bidding, and decided to pay KRW 5,857,424,00,00.

3) On or around September 14, 2005, the Plaintiff announced bidding on the instant construction project. The main contents are as follows: (a) the Plaintiff participated in the site descriptions of general construction projects under the Framework Act on the Construction Industry, electrical construction projects under the Electrical Construction Business Act, fire fighting (electric, mechanical, and telecommunication construction business license business operators under the Electrical Construction Business Act, and the operator (joint receipt) who has completed bid registration as a license business operator (B) who has at least 8.5 billion won in the assessment of construction capacity in the year 2005 as of the announcement date of tender, and has at least Grade A as a result of the construction mutual aid association credit assessment (C) after January 1, 2002, it is an educational facility ordered by a public educational institution as a single construction project and whose performance is 5 billion won or more, and (d) a business operator (this business operator whose debt ratio is at least 100% or more as of the announcement date of tender announcement and at least 100% thereof, and whose main business is located in Gyeonggi-do.

9. Methods of determining successful bidders;

(a)the person who is a detailed tendering method and has recently submitted the estimated price not exceeding 85.495 per cent of the estimated price;

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