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(영문) 서울중앙지방법원 2015.04.10 2014가합566161
손해배상(기)
Text

1. Defendant Seoul Guarantee Insurance Co., Ltd.: (a) KRW 110,000,000 for the Plaintiff and its related thereto, from June 17, 2014 to April 10, 2015.

Reasons

1. Basic facts

A. On December 2, 2013, the Plaintiff’s main hospital of the YIB (hereinafter “Plaintiff hospital”) announced a public announcement to enter into a contract for the entrusted operation of the patient with the Plaintiff hospital (hereinafter “instant entrusted operation contract”). On January 2, 2014, the tender presentation presentation was made on January 7, 2014 after being registered as a tender on January 9, 2014 (hereinafter “instant bidding”).

B. The instant bid will be determined as a successful bidder when a negotiation is concluded in order of higher points after adding the points of performance performance, management status, operational ability, and price evaluation of the tender participants, and then making a preferential negotiation in order of higher points.

A tender participant shall pay 10 million won as a guaranty insurance policy at the time of the tender, and where the successful bidder fails to conclude the entrusted operation contract within 72 hours, the successful bid shall be invalidated, and the bid bond shall be reverted to the plaintiff.

C. The instant bid participated in four companies, including Defendant Hyundai Gym Co., Ltd. (hereinafter “Defendant Hyundai Gym”) and Samsung Hawsto Co., Ltd. (hereinafter “Masung”).

At the time of the bid in this case, Defendant Hyundai Food presented the patient-type unit price of KRW 4,100 ( KRW 4,163 at the time of the bid in this case) and concluded a guarantee insurance contract with Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) in lieu of the payment of bid deposit, and submitted it to the Plaintiff Hospital.

E. On January 10, 2014, the Plaintiff hospital selected and notified Defendant Hyundai Franchi, which received the highest points among bidding participants, as priority negotiation partners.

F. On January 27, 2014, the Plaintiff hospital did not enter into a contract for entrusted operation even though it was determined as the successful bidder on January 13, 2014, and thus up to January 29, 2014.

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