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(영문) 서울중앙지방법원 2020.02.13 2019가단5064767
손해배상(건)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 30, 2017, the finance officer of the Gyeonggi-do Office of Education offered “(tentative name) D Elementary School Design Service (Public Notice)” (hereinafter “instant design service public offering”) as a public announcement of the Gyeonggi-do Office of Education’s Office of Education (hereinafter “instant public announcement”). On November 6, 2017, the Defendant subscribed bid amount to KRW 605,439,000, and was elected in the order of June 16, 2018.

B. At the time of the Defendant’s subscription to the instant design service contest, the Plaintiff provided the Defendant with data and data relating to the green architecture certification field, building energy efficiency rating certification field, BF certification field, energy-saving design field, etc.

C. After winning the instant design service contest, the Defendant entered into a service contract with E on June 28, 2018 with respect to the certification, etc. of green architecture.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the ground of the instant claim (Plaintiff’s assertion)

A. The gist of the Plaintiff’s assertion was that there was sufficient agreement with the Defendant to continue to perform his duties as the Defendant’s collaborative company even after the Plaintiff participated in the bid of this case, and the company participating in the bid was a firm practice based on the good faith and good faith that generally takes place in the same industry even after the election. However, the Defendant failed to perform the contract unilaterally and unilaterally. As such, the Defendant is obligated to pay the Plaintiff the amount of the contract, plus 56,797,406 won, plus 120,456,540 won, plus 56,406 won, equivalent to the consulting service price for the certification of green architecture (environment-friendly) and the certification service price for building energy efficiency, which is the amount that the Plaintiff is entitled to receive as the contract performance, and the damages for delay.

(b)the person to be a contractor for one construction contract shall undergo a tendering procedure to select the contractor.

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