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(영문) 서울중앙지방법원 2012.07.10 2011가합16238
손해배상(기)
Text

1. The Defendant’s KRW 31,274,625 as well as 6% per annum from January 1, 2010 to July 10, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 16, 2007, the Defendant: (a) entered into a purchase contract for an outdoor plastic vinyl Co., Ltd. (DV2R, 3.2M, 1EA, 3.2M; hereinafter referred to as “inorganic vinyl Co., Ltd.”) with an official announcement number 2007-102977 on the electronic bidding website (htp:/srm. : hereinafter referred to as “open plastic Co., Ltd”); (b) the Defendant entered into a purchase contract for an outdoor plastic vinyl Co., Ltd. (OW,100, hereinafter referred to as “open plastic Co., Ltd”) with an official announcement number 208-102050 (hereinafter referred to as “PHD (HD22S, Q2S, and hereinafter referred to as the “PP”); and (c) the tender announcement of each of the following major items (hereinafter referred to as “PHDP”).

◎ 개별사항 수량 5,287,634M(연간단가) 납품장소 및 납기 인도지시서에 의함 추정가격 5,049,690,470원(VAT 별도)

1. Estimated price of 3,771,631,854 won (VAT separate) based on the delivery place (annual unit price) and the delivery order for the payment period, in the quantity of 2,354,327 M (annual unit price);

2. The delivery place of outdoor vinyl 563,013M (annual unit price) in quantity, and the estimated price of 4,003,022,430 won (VAT separate) in accordance with the delivery order for the payment period;

3. 나경동연선 ◎ 공통사항

1. Classification of contracts: The unit price;

2. Method of determining successful bidder: Pursuant to Article 46 of the Enforcement Decree of the Act on Contracts to Which a Desired Quantity is a Party, the tenderer shall be determined as a successful bidder until the lowest tender reaches the lowest tender among persons who have tendered within the budget price as a successful tenderer, and the desired quantity by company shall be at least 30/100 of the total expected quantity of tender, and any deficient tender shall be treated as invalid;

3. In cases of a general competitive bidding according to desired quantity under Article 17 of the Enforcement Decree of the Act on Contracts to Which the State referred to in Article 16 (2) is a Party, the tenderer shall be determined as a successful tenderer in sequence from the minimum unit price below the projected price among the effective bidders until the minimum unit price of the tender reaches the demand quantity;

except for the last.

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