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(영문) 광주지방법원 2017.06.14 2017가단6844

채무부존재확인

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 December 26, 2016, the Defendant announced the tender announcement on “ACE program to strengthen local proficiency,” “ACE program to be entrusted, design amount: 29,200,000 won (including additional tax), and the contract period: February 20, 2017 from the contract date (Malaysia, 24, 2.1 to 2.13.).

B. The above notice of tender contains the content that the bid bond will be reverted to the defendant if the successful bidder fails to conclude the contract within the period specified in the defendant's general service tender document.

C. On January 3, 2017, the Defendant held a business explanatory meeting and explained the specific contents of the business and the terms of the contract to six companies including the Plaintiff, and the tender note issued by the Defendant includes the contents of the “Korea Civil Aviation (Acheon Airport/LL).”

However, the participants, including the plaintiff, presented their opinions, and the defendant made oral approval to allow Malaysia aviation. D.

On January 5, 2017, the Plaintiff accepted the conditions presented by the Defendant and attached the Defendant’s guaranty insurance policy to the bid of KRW 1,460,000 (performance), which was issued by the Seoul Guarantee Insurance Co., Ltd., and was selected as a successful bidder that was effective in KRW 25,850,00. The Defendant requested the Plaintiff to submit documents necessary for the contract and conclude the contract.

E. On January 9, 2017, the Plaintiff received a real name order and English name from the Defendant for the reservation of airline tickets, and notified the Defendant that the reservation of airline tickets was completed but the reservation of airline tickets was not completed, and submitted a letter of waiver of the successful bid on January 19, 2017, and subsequently, did not conclude a contract with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-8, Eul evidence 1-1-5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion.