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(영문) 서울중앙지방법원 2018.04.13 2016가단5034376
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s basic fact is an incorporated association established on June 4, 2009 for the purpose of “matters concerning the development of the medical tourism industry” and, as a representative, C is an oriental medical doctor, and the president, the representative of the Defendant (established on August 1, 2012) is also a oriental medical doctor.

On July 2013, the Plaintiff decided to participate in the 2013 E service tender, which was paid by the Cheongnam-gun of Busan District in the tender announcement.

However, since the Plaintiff was an event and the “F” planned to be conducted in Seoul G from September 4, 2013 to October 31 of the same year, the bid for the above E services was decided to participate in the consultation form with other organizations as a matter of operation and human resources supply and demand.

Accordingly, on July 10, 2013, the Plaintiff’s H professor who was the Plaintiff’s director at the time (unregistered director currently was dismissed) would form a consortium with the Defendant. On July 10, 2013, the Plaintiff’s I director sent a proposal for operation service business (ptx files) and K outcome file to the Defendant’s side through H professor as an e-mail attachment file.

Since then, the Plaintiff and the Defendant did not comply with the various conditions, which eventually led to excessive debate, and the Plaintiff decided not to participate in the above E-services, and the Defendant decided not to participate in the above E-tender.

[Ground of recognition] Facts without dispute, Gap evidence and Eul evidence, the whole purport of pleadings

2. Determination

A. The Plaintiff’s primary assertion 1) around July 24, 2013, the Defendant drafted and submitted a service project proposal to the Sin-Gun, Chungcheongnam-do, Busan-do, and then used the Plaintiff’s data (a design, etc.) and pictures sent by the Plaintiff to the Defendant through H professor on July 10, 2013 without the Plaintiff’s consent or consent. The Defendant’s proposal (hereinafter “Defendant’s proposal”).

(B) The Plaintiff’s proposal for the operation of the “J” (hereinafter “Plaintiff’s proposal”).

Part 31 of the photograph No. 17, No. 2 of the plaintiff's proposal for the defendant on the following order, shall be the front photograph of the paper.

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