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(영문) 서울중앙지방법원 2019.06.13 2015가합557621
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 3,947,510,00 and KRW 1,940,540,00 among them, from September 21, 2012.

Reasons

Basic Facts

The Plaintiff is a corporation established on October 1, 2009 by the former E Corporation and the former F Corporation under the "G Act" and is a quasi-market-type public corporation as defined in Article 5 of the Act on the Management of Public Institutions.

At the time of the tender of this case, Defendant B and C were “M corporation,” but the name of the company was changed to “C corporation” thereafter.

(hereinafter “Defendant B” and “Defendant C” are enterprisers engaged in construction business as prescribed by Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

The plaintiff on the outline of the construction project is an advanced waste incineration and food resource recycling facility that collects and reuses energy generated during the operation of incineration facilities while sanitary and stable treatment of household wastes, food waste, etc. in the Kimpo and Namyang-ju as follows.

The construction contract was ordered.

The agency awarding the International Construction Project (hereinafter referred to as the "Gimyang-si Project") outlined for the construction project, 67,272,00,000 won (including value-added tax) in the budget for the method of selecting successful bidders for design and construction in the J Housing Site Development Project district (including design 55%, 45% in price) within 28 months (including 20 tons x 20 months) from the commencement date of construction of food and resource-generating facilities, 40 tons/day (including 20 tons x 33 months from the commencement date of construction of the project) and 28 months from the commencement date of construction of the project (including 55 months from the commencement date of the comprehensive trial period). The agency awarding the K Construction Project (hereinafter referred to as the "Seoul-gu Construction Project") outlined for the construction project, 52 tons/day from the main incineration treatment facilities for the plaintiff major construction project, 31 ton of food and resource-making facilities, 36 months from the commencement date of the project (including 3 months of the comprehensive trial operation period).

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