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(영문) 대법원 2016.01.28 2014다50937
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1, 2, and 3, the lower court determined that: (a) the Plaintiff was a corporation established for the purpose of maintaining and managing C University; (b) the Defendant was in charge of the executive secretary of C University Construction Committee (hereinafter “Construction Committee”) who deliberates on and resolves important matters related to buildings as a deputy head from September 1, 2007; and (c) the Construction Committee adopted the limited competitive bidding method (limited to those who met certain requirements, such as construction capacity, financial status, and current status of technology; and (c) the Defendant could not participate in the bid at the time of tender at a meeting on June 24, 2008, based on the method of selecting successful bidders at least 1.6 billion won (in this case, 90% or more of the basic amount (in this case, 1.6 billion won or more); and (d) the Defendant’s selection of the lowest bidder as a successful bidder at the time of tender at least 1.7 billion won.

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