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(영문) 광주고등법원 2017.01.06 2016나12693
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant determined beeno who did not meet the conditions specified in the notice of the instant tender and the specifications as a successful tenderer, and concluded the instant contract, thereby unfairly deprived the Plaintiff of the opportunity to conclude the contract, thereby causing loss

Therefore, the Defendant should compensate for damages of KRW 552,608,920 (2,477,694,110) (2,477,694,110) that the Plaintiff was able to obtain by performing the instant contract.

B. The representative director of the plaintiff's main point of the defendant's assertion is that he was the representative of the company participating in the public notice of the bidding before the public notice of the bidding in this case, and he committed unlawful acts such as hiding his employee and cooperation with the defendant's employees or changing the qualification to participate in the bidding in this case in favor of himself

Therefore, the plaintiff's assertion based on the premise that the plaintiff is qualified to enter into the contract of this case is without merit.

3. Determination

A. In full view of the following facts and circumstances acknowledged by the Defendant’s illegal act 1 cases, the facts acknowledged earlier, the entries in Gap’s evidence Nos. 5, 7, 8, 9, 14, and 22, and the court’s findings and fact-finding as to the E.I.D. Co., Ltd. and the entire purport of the pleadings, the Defendant concluded the instant contract by arbitrarily amending the tender notice and the purchase specifications without submitting the test report for the rap test for the products of the purchase specifications, which are the conditions required for the purchase specifications, thereby unfairly restricting the opportunity for other participants, including the Plaintiff, to conclude the instant contract.

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