채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap's evidence 2 through 6, 9, 11 through 23, 29 (including virtual numbers; hereinafter the same shall apply);
(ii) each entry in Category B(1) through (4) and the purport of the whole pleadings;
A. On April 12, 2017, the Defendant announced a public announcement of the project for the production and installation of outdoor exhibition materials in C Park (hereinafter “instant project”), and the main contents are as follows.
Public announcement of production and installation of outdoor exhibit materials;
2. Method of contract: A contract by restricted competition or negotiation;
3. A joint contract (as of the date of public announcement) with a qualified company holding the relevant license where a license for design and construction is required after completing negotiations with an enterprise that has obtained a certificate of direct production (name of products: D) or a real model (E) under the Act on the Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market Markets as of the date of public announcement.
4. Method of determining a successful bidder:
(a) Conclusion of a contract through negotiations under Article 42 of the Enforcement Decree of the Act on Contracts to Which a Local Government is a Party;
(b)as a result of a comprehensive evaluation of technical capability (80%) and bid price evaluation (20%) conducted by the Committee on Evaluation of Proposals, a person eligible for preferential negotiations shall be selected from among enterprises whose total score is at least 70 points according to the highest priority determination, and a successful tenderer shall be determined through the negotiation procedure;
The Plaintiff, on July 12, 2017, submitted a proposal for the instant project to the Defendant and was selected as a successful bidder on July 12, 2017, when operating the “F” company that was verified directly pursuant to Article 9 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter referred to as the “Market Support Act”).
C. Accordingly, on August 3, 2017, the Plaintiff entered into a contract with the Defendant for the production and installation of Cpark outdoor exhibition products with the contract amount of KRW 1.84 billion, and received KRW 900 million on August 31, 2017, and thereafter consulted on the design.