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(영문) 대전지방법원 2015.12.23 2015가합102501

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates real estate planning and consulting business, and the Defendant is a public corporation established for the purpose of constructing and managing railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act.

B. Around October 2012, the Defendant: (a) issued a public notice of tender for the selection of a user of state property on the lower part of the Yananansan-si Yansan-si 305 and the lower part of the lower part of the Yanansan-si 3, an administrative property, and (b) obtained permission from the Defendant for the commercial use of the lower part of the second part of the Yanansan-si 2nd part of the Yansan-si, the second part of the Yansan-si 305 and the lower part of the 3rd part of the 3rd part of the 3rd part of the 2nd part of the 2nd part of the 2nd part of

C. On December 12, 2013, the Plaintiff obtained permission for the commercial use of State property from the Defendant to use and benefit from the lower part of the three lower part of the said astronomical ASEAN History from April 13, 2014 to April 12, 2018.

Of the terms and conditions of permission for the commercial use of each State property as of April 13, 2013 and December 12, 2013, the parts related to this case in relation thereto are as follows:

Article 4 (Payment of Rental Fees) (1) The Plaintiff shall pay the usage fees referred to in Article 3 in lump sum by the payment deadline in accordance with the payment notice issued by the Defendant. < Amended by Presidential Decree No. 23660, Dec. 12, 2013>

In such cases, if the plaintiff fails to pay the user fee by the payment deadline, the following sanctions shall be imposed:

1. Revocation of permission to use invalid successful tender;

2. Reversion of bid bond to the Service;

3. Where a disciplinary measure against an improper businessman falls under any of the following cases, permission for use of all or part of the permitted property may be revoked:

1. Where the State or a local government directly requires it for official or public use;

2. If he/she obtains the said permission by false statements, presentation of defective documentary evidence, or other unlawful means;

3. Obtaining the permission of use;