Text
1. The Defendant’s KRW 87,127,00 for the Plaintiff and 5% per annum from January 7, 2019 to September 20, 2019.
Reasons
The plaintiff is a stock company that runs the business of manufacturing bid information, and the defendant is a stock company that runs the business of manufacturing and installing performance hall facilities.
On April 13, 2013, the Defendant entered into a service contract with the Plaintiff, which stipulates that the Plaintiff will join the Internet homepage operated by the Plaintiff and receive bid information and recommendation bid offer services from the Plaintiff (hereinafter “instant service contract”).
The part concerning service charges and successful bid fees in the instant service agreement shall be as follows.
CD Other terms and conditions of the contract incorporated into the instant service contract are as follows.
Article 2 (Procedure for Using Services): (1) Application: The defendant shall provide the plaintiff with basic information (the name of the public notice or the number of the public notice) on the tender that the service wants.
(2) Analysis: The plaintiff's person in charge of analysis shall calculate the optimal solution for the public notice requested by the defendant.
(3) Completion: To provide a bidding price to the defendant on the plaintiff's website.
4. Confirmation of the bid price: The Defendant finally sees the “verification of the bid price,” and confirms the bid price and participates in the bidding in order to recognize and confirm the amount offered by the Plaintiff.
(5) Results: Public notice shall be given as to whether a member has won a successful tender through the website.
(6) A claim: A successful bid fee shall be claimed where a member has won a successful bid after announcement.
Article 3 (Scope of Recognition of Successful Bidders) (1) Where a successful bidder has been selected as a final bidder due to a change in the “verification of the bid” (excluding where the bid price has not been confirmed before the date of the bid). Article 4 (Selection of Successful Bidders) (1) In cases falling under Article 3 (Scope of Recognition of Successful Bidders), the Defendant shall pay the agreed successful bidder fees to the Plaintiff.
(2) The contract price shall be paid by the defendant within one month after the defendant is selected as the final successful bidder.