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(영문) 대전지방법원 2017.11.15 2017가합102567
입찰보증금 청구
Text

1. The Defendant’s KRW 1,410,00,000 as well as 5% per annum from January 3, 2017 to November 15, 2017 to the Plaintiff, and the following.

Reasons

1. Basic facts

A. On November 4, 2016, the Public Procurement Service rendered a public notice of bid for the procurement commodities to three dry vessels of 750 tons national fishing vessel guidance vessels (hereinafter “the instant project”).

B) B. The Defendant submitted to the Public Procurement Service a tender document that contains the purport that the amount equivalent to at least five percent of the successful tender price will be paid to the Public Procurement Service as a bid bond in the event a cause attributable to the National Treasury arises due to a failure to conclude the contract within the time limit after being selected as a successful tenderer in the instant tender without justifiable grounds. (c) The Public Procurement Service was selected as a successful tenderer on November 29, 2016; and (d) the Defendant notified the Defendant that the contract should be concluded after paying the contract bond by December 9, 2016; (e) the Defendant failed to pay the contract bond; and (e) on December 15, 2016, the Public Procurement Service did not conclude the instant contract without justifiable grounds, and thus, did not provide that the bid bond should be reverted to the National Treasury and the bid bond should be paid at least 42,300,000,000 (successful bid bond) [Attachment No. 17, 2017].

- The purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the bid bond amount of KRW 2,115,00,000 and delay damages to the plaintiff, unless there are special circumstances, since the defendant is obligated to pay the plaintiff the bid bond amount of KRW 2,115,00,000 and delay damages, as it pays the contract bond within the prescribed period, which has been selected as

3. The defendant's assertion

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