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(영문) 수원지방법원안양지원 2020.02.13 2017가합104151
손해배상(기)
Text

1. The Defendant’s KRW 8,250,000 as well as 5% per annum from September 28, 2017 to February 13, 2020 to the Plaintiff.

Reasons

1. Basic facts

가. 원고는 건축공사업, 토목공사업 등을 영위하는 회사이고, 피고(2017. 6. 1. C 주식회사에서 B 주식회사로 상호가 변경되었다. 이하 상호변경 전후를 불문하고 ‘피고’라 한다)는 일반건설업, 토목건축공사업 등을 영위하는 회사이다.

B. Around October 2016, the Plaintiff’s representative, retired from the Defendant’s office as the head of the business team, and sought information on the FF Corporation’s implementation by E (hereinafter “E”) via a branch office (hereinafter “E”), and agreed with the Defendant as to the order of the instant construction project.

C. On April 10, 2017, the Plaintiff was requested by E to receive the electronic bid proposal of the instant construction project.

The plaintiff and the defendant participated in the first bidding to select the participant company of the construction project of this case, and the plaintiff was notified of the appointment of this bidding, but the defendant was not notified of the appointment.

On April 24, 2017, the Plaintiff organized a consortium with the Defendant and offered an electronic bid to the instant construction project. On April 27, 2017, the Plaintiff was notified of the subject of preferential negotiation by E.

On April 28, 2017, the Plaintiff notified E of the instant construction amount of KRW 34.3 billion.

E. On May 11, 2017, the Plaintiff and the Defendant’s side discussed the draft of the instant construction agreement with E and the instant construction agreement.

F. On May 18, 2017, the Defendant concluded a construction contract with E to receive KRW 38,280,000,000 (hereinafter “instant contract”).

G. On July 18, 2017, July 26, 2017, and July 27, 2017, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff and the Defendant agreed to jointly supply and demand the instant construction work from the Plaintiff and the Defendant to the Plaintiff 49%, and Defendant 51%,” but the Defendant did not comply therewith.

1. The Corporation shall consult on the terms of joint supply and demand.

Joint supply and demand shall be a shared implementation, and detailed processes shall be separately conducted.

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