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1. The Defendant shall pay to the Plaintiff KRW 42,90,000 and the interest rate of KRW 15% per annum from February 12, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation engaged in the maintenance and repair of security equipment, wholesale and retail business, etc., and the Defendant is an individual entrepreneur engaged in food machinery manufacturing business, etc. under the trade name of “C.” Meanwhile, around April 2015, the Defendant became aware of F working in the business entity of “E” in the course of performing D duties ordered by the Agricultural Technology Center located in Young-gu, Young-gu, Seoul.
B. The Defendant’s participation in the tender of the Public Procurement Service 1) The Public Procurement Service publicly announced the tender of the following contents in relation to GH business (hereinafter “instant tender”).
- Publication Number - - The Supreme Court J District Court - The name of an end-user institution: X-ray cargo search method: Limited competitive bidding - The estimated price: 54,54,455 won (excluding value-added tax) - The bid closing: 10:02 November 4, 2015 offered that the Defendant will participate in the instant bidding, and the Defendant participating in the bidding was finally selected as a successful bidder from among the participants, subject to the qualification examination.
C. On November 16, 2015, the Plaintiff entered into a contract for the supply of X-ray small cargo search equipment (including value added tax) with the content that the Plaintiff will deliver X-ray search equipment to the Plaintiff. On November 16, 2015, the Plaintiff entered into a contract with the J District Court for the supply of X-ray small cargo search equipment at KRW 42,90,000 (value added tax). At the time, the buyer’s name was “the Defendant,” and the supplier’s name was “the Plaintiff.”
(hereinafter referred to as “instant contract” and the main contents are as follows) - A: C (Defendant) - Article 1(Purpose of Article 1(1) of the A (Plaintiff) is to place an order to “B” for a small cargo search device, and “B” is to supply a received X-ray small cargo search device, and “B” is to pay the equipment cost to “B” in return.