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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition or dismissal as stated in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Grounds of the judgment of the court of first instance for addition or dismissal
1) The part of the “damage caused by the prohibition of marking for a period of three months” (from 8 pages 5 to 9 pages 7) shall be deleted, and the following shall be followed:
As seen earlier, whether the Defendant was liable for damages due to the prohibition of bidding for 13 months from April 19, 2013 due to the designation of the illegal company of this case.
7. From March 18, 2013 to April 30, 2014, the Defendant claimed that “The Defendant is obliged to compensate for the total sales amount related to the Defendant’s tendering business from March 18, 2013 to April 30, 2014 (the average sales amount of KRW 72,572,372), the average sales amount for three months is KRW 217,723,116, and the Defendant’s average sales amount is 10% of the sales amount, and thus, the Defendant’s average sales amount is 21,772,311 won (=217,723,116 won x 10%).”
On the other hand, there is no evidence to acknowledge that the Defendant’s operating profit is equivalent to 10% of the total sales, and as seen in the following sub-paragraph (b), there is a big difference in the monthly average sales depending on how to set the sales period, but it is difficult to recognize that the Defendant’s average sales revenue for three months is KRW 217,723,116, since it is set without any arbitrary and reasonable grounds. Thus, the Defendant’s above assertion is without merit without any need to further examine. (B) Moreover, the Defendant’s conjunctive assertion that the Defendant commenced the bid business from January 29, 2013 to May 31, 2015 (the average sales amount of KRW 35,981,296, the total sales amount of KRW 797,224,671, the average sales amount of KRW 671, the total sales amount of KRW 89,532,402 (the average sales amount of KRW 35,981,296).