1. The Defendant’s KRW 77,663,40 for the Plaintiff and KRW 6% per annum from April 13, 2016 to May 19, 2016.

1. On February 22, 2016, the Plaintiff published a general competitive bid on the sanitary disinfection services for Incheon International Airport (period: 3 years from April 1, 2016, and estimated amount: 3,821,036,204) and distributed a written instruction for bidding, etc. by means of a tender documentation.

In response to the public tender notice, the Defendant submitted an application for participation in the tender on February 26, 2016 to the Plaintiff in response to the tender notice, the Defendant stated that the bid bond equivalent to 5% of the bid amount should be paid to the Plaintiff when the contract is not concluded within the prescribed period after

The defendant was selected as a successful bidder on March 16, 2016 by passing the examination of qualifications in the above bidding procedure and reporting 1,53,268,000 won as a bid price.

However, the defendant did not accept the conclusion of the contract according to the above successful bidder.

On April 12, 2016, the Plaintiff urged the Defendant to pay bid deposit of KRW 77,663,400 ( KRW 1,553,268,000 x 5%) by April 12, 2016.

[Ground for Recognition: Facts without a partial dispute, A1 to 3, 7, 8 (including partial heading numbers; hereinafter the same shall apply)

(2) 【Each entry】

2. Determination as to the cause of action

A. The wrong bid and the successful bid constitute a pre-contract, and the defendant bears the obligation to enter into this contract at the same time as the plaintiff has the right to request the conclusion of this contract as the successful bidder's status.

In light of Article 9 of the Act on Contracts to Which the State Is a Party and Article 37(1) of the Enforcement Decree of the same Act, the bid bond determined by the Plaintiff is close to the scheduled compensation for damages in preparation for the Defendant’s failure to perform the obligation to conclude a contract based on the successful bid (the Plaintiff is interpreted as a kind of penalty). Considering the fact that the bid bond is demanded to be more than 5% of the bid price, there is no reason to reduce the bid bond on the ground that it is unreasonable

Therefore, unless there are special circumstances, the defendant's bid bond amounting to KRW 77,663,400 under the above letter and the above due date.