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1. The Defendant shall pay to the Plaintiff KRW 75,953,959 and the interest rate of KRW 15% per annum from January 4, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On September 5, 2014, the Plaintiff entered into an electronic bidding advisory contract (hereinafter “instant contract”) with the Defendant with the content that the Defendant provided electronic bidding advisory services to the Defendant and received fees from the Defendant in participating in the electronic bidding for construction works. The main contents thereof are as follows.
Article 4 (Fees)
1. The defendant will make a bid at the analysis price provided by the plaintiff, and if the contract is determined as the final successful bidder, 1.5% of the contract price shall be paid to the plaintiff as a bid consulting fee.
2. Even if a joint contract has been awarded by participating in a tender, a bid consulting fee shall be paid, calculated by applying the provisions of paragraph (1) on the basis of the actual contract price of the defendant;
3. The defendant shall confirm the analysis price presented by the plaintiff and pay a bid consulting fee prescribed in paragraph (1) even if the contract is awarded in some of the amount of the bid price [a change of the amount within the limit of 10,000 won or a change of the number of the lots out of the amount];
4. The defendant shall pay to the plaintiff within 14 days from the date of the selection of the final successful bidder if the bid consulting commission is less than 5,000,000 won, and within 14 days from the date of the final successful bidder selection if the contract is at least 5,00,000 won.
Article 5 (Scope of Joint Contract Work) The plaintiff shall not be responsible for affairs other than consultation on bidding analysis, such as contracts after the successful bid is awarded among the members of a joint contract, if the plaintiff becomes a successful bidder by promoting a joint contract.
B. The Plaintiff performed a bid consulting in accordance with the instant contract, and caused the Defendant to bid as a joint contractor with Nonparty B (Defendant 49%, B51%) to the New Construction Corporation.
C. Therefore, the defendant bid to the above construction work as a joint contractor with B on July 15, 2017, and the above construction work was awarded in KRW 10,33,872,00, and the share ratio of the defendant among the construction work price is the same.