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1. The Defendant’s KRW 50,865,227 as well as the Plaintiff’s annual rate from February 26, 2019 to January 17, 2020.
Reasons
1. Facts of recognition;
A. The Defendant is a company that operates civil engineering, construction business, etc., and the Plaintiff is engaged in tendering services for electronic bidding, such as providing information on the successful bid price of an electronic bid (Bazter) ordered by the Public Procurement Service.
B. Around December 2018, the Defendant delegated the Plaintiff with the duty of calculating the award price of an electronic bid (Bater) ordered by the Public Procurement Service, and notified the Plaintiff of the Defendant’s ID and password of the tender information service site called “C” so that the Plaintiff can obtain information on the bidding.
C. From December 11, 2018 to December 15, 2018, the Plaintiff confirmed the details of the public announcement of tender listed in “C” and analyzed them, and provided the Defendant with information on the winning price.
As above, the Defendant participated in the bid at the successful bid price offered by the Plaintiff and was awarded the “D Construction” (successful Price: KRW 8,236,307,550) and “E Business” (successful Price: KRW 1,011,915,570).
[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 3, 5 through 9 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. According to the facts found in the determination of the cause of the claim, it is reasonable to view that the delegation contract between the Plaintiff and the Defendant regarding the business of calculating the successful bid price (hereinafter “instant delegation contract”) was concluded.
Furthermore, the Plaintiff asserted that the Plaintiff agreed to receive 2.2% of the successful bid price as remuneration with the Defendant regarding the delegation contract of this case, but the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.
On the other hand, there was no express agreement on the payment and amount of the fees in the delegation contract.
Even if there is an implied agreement to pay the amount of remuneration for the response, barring any special circumstance, such as with unpaid remuneration, etc., and the amount of such remuneration shall be the amount.