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(영문) 서울중앙지방법원 2017.05.19 2016가합537709
손해배상(기)
Text

1. The plaintiff's lawsuit against defendant C is dismissed.

2. The Plaintiff Company B and Defendant D.

Reasons

1. Facts of recognition;

A. The Plaintiff promoted G Development Project (H Section; hereinafter “instant construction”) in the Frigy House as part of the E project implemented for the purpose of flood prevention, securing water resources, improving water quality, and creating a water-friendly space.

On October 23, 2009, in order to select the project operator of the instant construction project, the Plaintiff publicly announced the bid (hereinafter “instant bid”) that, as a package deal tender for design and construction, the Plaintiff, which included 50% design points and 50% price points as a successful bidder, is the highest.

B. Around November 2, 2009, the Defendants were selected as qualified to participate in the bidding by submitting an application for prior examination.

The Defendants, from the end of December 2009, consulted several and three parties several times with a view to preventing low-price bid and avoiding price competition. As a result, Defendant C Co., Ltd. (hereinafter “Defendant C”) which set a reasonable price and lowers the probability of successful bid price, agreed to enter at a price lower than 5% of the price to be invested by Defendant B (hereinafter “Defendant B”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) at a price lower than the price to be invested, and to receive the prescribed profit.

Accordingly, on January 5, 2010, Defendant B submitted each bid price of KRW 101,068,000,000, Defendant C’s bid price of KRW 96,014,60,000,000, and Defendant D’s bid amount of KRW 101,036,100,000, respectively. On February 12, 2010, Defendant B received design evaluation of KRW 47.5 (50 out), price assessment of KRW 47.5 (50 out), and comprehensive reputation point of KRW 95 as successful bidder.

C. On February 19, 2010, the Plaintiff entered into a contract for construction works (including value-added tax) with Defendant B, a successful bidder, through the Public Procurement Service (hereinafter “instant contract”). From March 30, 2010 to December 27, 2012, the Plaintiff paid the construction price in installments to Defendant B.

On December 15, 2014, the Fair Trade Commission: (a) the Defendants participated in the instant tendering procedure to prevent low-price bid and price competition.

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