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(영문) 서울중앙지방법원 2016.07.08 2015가단5304788
약정금
Text

1. Defendant B Co., Ltd.: (a) 36,747,580 won and its corresponding amount to the Plaintiff, from September 15, 2015 to July 8, 2016.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a bid consulting agreement on electronic bidding (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”).

Article 3 (Presuccessful Remuneration) (1) The defendant company shall pay the plaintiff 2% of the successful bid amount in the event of successful bid through information on the plaintiff's successful bid price.

(2) The public announcement that the defendant company characters an analysis amount and an analysis amount, through documents on the plaintiff's website shall be deemed to have obtained a consultation from the plaintiff, and where the successful bid price is determined by arbitrarily changing the successful bid price, the successful bid shall be recognized and the successful bid fee shall be paid.

(4) The representative director of a defendant company shall be jointly and severally liable for the payment of the contingent remuneration.

B. On July 20, 2015, the Incheon Regional Government Procurement Service conducted the D Construction Work E (hereinafter “instant bid”) tender by the Incheon Regional Government Procurement Service, and the Defendant confirmed KRW 6,662,695,826 of the Plaintiff’s website by inserting the analysis amount of the Plaintiff’s website, and confirmed the successful bid price of KRW 6,662,695,826. On July 21, 2015, the said construction was awarded a successful bid by bidding at KRW 6,681,378,347.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 4, the purport of whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion 1) The Defendant Company confirmed the Plaintiff’s recommendation price for the instant bid and received the award. As such, the Defendant Company and the Defendant C, who agreed to jointly and severally be liable for the payment of the contingent fee, jointly and severally, are jointly and severally obligated to pay the Plaintiff the successful bid price of KRW 146,990,323, which is 2.2% of the 6,681,378,347, pursuant to the instant contract. (2) The Defendants’ assertion is not in the order of opening the bid, with the amount less than the amount calculated by multiplying the bid price by 87.95% of the successful bid price.

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