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(영문) 서울고등법원 2014.06.26 2013나15038
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. All of the plaintiff's claims added in the trial are dismissed.

3. Appeal.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of maintaining and managing the C University, and the Defendant, from September 1, 2007, served as the C University Construction Committee and the Vice-Chairperson, took charge of the duties of the secretary of the C University Construction Committee (hereinafter “Construction Committee”) to deliberate and decide on important matters related to the building.

B. At a meeting on June 24, 2008, the Construction Committee decided to adopt a limited competitive bidding method (limited to those who meet certain requirements, such as construction capacity, financial status, and technical status) by bidding methods in relation to the selection of a new construction company of the student hall (hereinafter “instant construction”), and the limited minimum bid price system [the method of selecting a bidder as a successful bidder from among successful bidders with a certain ratio of the basic amount (90% in this case) higher than the estimated price (90% in this case)] by the method of selecting a successful bidder.

C. At the meeting of August 18, 2008, the Construction Committee calculated the expected construction cost of the instant construction from the Defendant to the level of KRW 18,505,506,00,00. According to the general successful bid rate of the private construction project, according to the design price of the first-class general construction office (hereinafter “the first-class general construction office”), approximately KRW 26.2 billion, the anticipated construction cost should be set at approximately KRW 19,536,00,000,000, given that the budget of the instant construction project should be set at approximately KRW 19 billion.

Since then, the Construction Committee decided to set the budget of the construction of this case at 19 billion won following the discussion of the members, and since the Foundation Council is not constituted at present, it shall be reported and approved in the future, and the bid and contract will proceed in the future, and the lessor decided to carry out the construction of the facilities except for approximately KRW 300,000,000,000,000,000,000,000 won.

The 14 companies participated in the tendering procedure implemented on September 11, 2008, and the estimated price of KRW 16.137 billion in amounting to 90% of the estimated price of KRW 17.99 billion.

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