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(영문) 서울서부지방법원 2016.01.28 2014가합5869
손해배상
Text

1. The Defendant (Counterclaim Plaintiff) Limited Liability Corporation shall have USD 1,300,000 against the Plaintiff (Counterclaim Defendant) and the amount equivalent thereto on January 2, 2014.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that mainly engages in agricultural products trade business, and was established on June 25, 2013, and registered as a business item for agricultural and fishery trade business on June 27, 2013. The address was Seoul, Yeongdeungpo-gu building and F, Seoul, and was changed to H on March 19, 2014, and the representative director I’s address was J apartment and K. 2 of Mapo-gu, Seoul, and Defendant B liability Corporation (hereinafter “Defendant B”), and Defendant C Limited (hereinafter “Defendant C”) are a company that mainly engages in bean export business with its head office located at the time of the roding in China.

B. D The Corporation (hereinafter referred to as the “Corporation”) periodically executes bids for mass importation of agricultural products, and only the domestic agency that is delegated with the right to bid and conclude contracts on behalf of the overseas supplier or the overseas supplier is entitled to participate in the said bidding, and the said agency’s authority must be confirmed by the foreign supplier supplier’s undertaking.

The general bid price for the purchase of goods (the amended on January 10, 2013) determined by the Corporation as to the tender includes the following provisions:

Article 7 (Prior Registration of Qualification to Participate in Tender) (1) A person who intends to participate in a tender for construction shall register his/her qualification to participate in the tender without fail.

(2) Documents to be submitted when a qualification for participation in bidding is registered under paragraph (1) shall be as follows:

5. A person who intends to participate in a tender under Article 9 (Application for Participation in Tender) (1) A copy of an agency contract concluded with a foreign supplier shall pay a bid bond under Article 8 within the designated period after meeting the following documents:

1. One copy of the application for participation in bidding (1) 2. A copy of the certificate of participation in bidding registration (5) . 3. A copy of the certificate of participation in bidding (6) . 2. A tender registration for the same purchase number shall be limited to only one country of tender, and the same representative shall be two or more corporations;

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