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(영문) 대구지방법원포항지원 2015.05.08 2014가합364
손해배상
Text

1. The Defendant’s KRW 92,406,231 as well as 5% per annum from March 21, 2014 to May 8, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2013, Posco Construction Co., Ltd. (hereinafter “Posco Construction”) requested the Plaintiff, who runs the manufacture and sale business of Ksco Construction (hereinafter “Sco Construction”) and the sales business of steel products and piping re-sale, etc. to estimate the goods, such as forced cable tubes and malicious dust, to be put to a designated tender (hereinafter “instant tender”).

B. On July 2013, the Plaintiff indicated that “only 10 compulsory cable tubes handled by the Plaintiff may make an estimate of the items, and, in the event of a bid for the said items only, there was an intention to participate in the bidding, but there was no intention to participate in the bidding for the entire quantity including the remaining malicious goods.” However, Switzerland Construction requested the Plaintiff to participate in the instant bidding by requesting the Plaintiff to attend the site site conference on the instant bidding. On November 1, 2013, the Plaintiff sent a facility notice and a list of items subject to bidding to the Plaintiff.

C. Accordingly, the plaintiff was introduced by the defendant who is engaged in the sales of electric cables, cables, electric equipment, sales of steel materials, etc. from the business management directors E of the company D, which is a trader on the same day, and affixed the next month.

2. Along with the Defendant’s presentation of the facility tender notice and the product list of the tender subject to the tender, the instant tender explains that only the Plaintiff may participate in the tender under his/her name by means of a designated tender, and delivering the facility tender notice and the product list of the tender subject to the tender to the mail.

On November 7, 2013, the Plaintiff and the Defendant participated in the instant bidding-related site conference (hereinafter referred to as the “instant site conference”) where Switzerland Construction is stationed.

The site descriptions to the Council are the specifications specifications and specifications of the items to be supplied for about two hours from the personnel in charge of Poco construction, including the representative or the staff in charge of the nine enterprises awarded a successful bid from Poco Construction, and approximately 20 enterprises such as joint business operators, etc., such as joint business operators.

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