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(영문) 수원지방법원안양지원 2016.05.20 2015가합103192
설계보상비 반환 청구의 소
Text

1. The Defendant amounting to KRW 336,360,00 and the Plaintiff’s annual rate of KRW 5% from March 26, 2010 to September 8, 2015.

Reasons

1. Basic facts

A. On December 30, 201, Defendant Culul Construction Co., Ltd. (hereinafter “Coul Construction Co., Ltd.”) merged Koulanet Co., Ltd and Coulb S Co., Ltd. on December 30, 201, changed the name of the corporation to Coul Global Coul., Ltd. (hereinafter “Defendant”). The name of the corporation is called as Defendant. The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

2) On October 1, 2009, the Korea Land Corporation and the Korea Land Corporation were integrated into the Korea Land Corporation (Plaintiff) and thus, the Plaintiff is the Plaintiff. On May 6, 2009, the Korea Land Corporation publicly announced the construction work of the Korea Land Corporation's Green Center (hereinafter referred to as the "instant construction work") by means of competitive bidding (hereinafter referred to as the "instant bid").

3) The instant bid is a package work for design and construction, and the procedure is comprised of the phase of “decision on a successful bidder (person eligible for a preliminary examination to submit a basic design) to select a person eligible for a preliminary examination to participate in a tendering procedure for public notice of bid.” 4) AD Construction Co., Ltd. (hereinafter “BS Construction”) reached an agreement with Defendant, Korea Industrial Development Co., Ltd. (hereinafter “Korea Industrial Development”) around April 209 on the tender of the instant construction to be a successful bidder for the instant construction and the Defendant and Korea Industrial Development Co., Ltd. (hereinafter “Korea Industrial Development”) to participate in the instant construction.

5) According to the above agreement, the Korea-China Industrial Development constitutes a joint supply and demand company with the defendant and the Ssung Comprehensive Construction Division (the equity ratio: 50% of the Korea-China Industrial Development, 40%, and 10% of the Masung Comprehensive Construction Co., Ltd., and the Korea-China Construction Co., Ltd. filed an application for prior examination with the Samsung Heavy Industries Co., Ltd.

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