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(영문) 울산지방법원 2020.09.18 2019가단127763
손해배상(기)
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company planning and producing contents related to the construction of IT services, publication, image, academic research, etc. for public institutions and enterprises.

In order to seek ways to accurately predict the administrative demand through accurate analysis of the size and characteristics of the migratory population, and the current status of business districts, such as traditional markets, etc., business start-up information by type of business, consumption sirens, etc., and to find ways to revitalize the sustainable regional economy through market analysis of business districts, such as big data analysis of the big data of B local governments with major tasks - analysis of the current status of the UPS - analysis of the current status of the UPS - (D market) analysis of the current status of UPS - construction of data collection and visualization services for analyzing big data (not less than three big data) through market analysis.

B. On September 5, 2018, the Defendant publicly announced a bid for “C business” service (hereinafter “instant business”). According to the attached business instruction (hereinafter “instant business instruction”), the Defendant’s main business objective and main business content are as follows.

C. On September 14, 2018, the Plaintiff participated in the bid on the instant project and decided as the successful bidder of the instant project. On September 28, 2018, the Plaintiff concluded a service contract (hereinafter referred to as “instant contract”) with the Defendant on the date of commencement with the contract amount of KRW 87,164,910 (the contract amount of KRW 13,074,740) on October 5, 2018 and the date of completion as of January 25, 2019.

On the date of conclusion of the instant contract, the Plaintiff and the E Co., Ltd. provide a guarantee insurance contract that guarantees the Defendant’s loss due to the Plaintiff’s failure to perform his/her obligation as stipulated in the instant contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff, the insured, the Defendant, the purchase price of insurance, the insurance amount of KRW 13,074,740, and the insurance period from September 28, 2018 to January 25, 2019.

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