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(영문) 부산지방법원 2019.07.11 2018가합50167

참가보증금 청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates the construction and operation, etc. of domestic and foreign urban railroads. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that operates the business of constructing and operating a private-private partnership. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that operates telecommunications machinery sales business, etc., Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that operates information and communications business, etc., and Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company that operates civil engineering and construction business.

B. On May 20, 2009, the Plaintiff received a proposal for G development project (hereinafter “instant project”) from the F Co., Ltd. (hereinafter “Defendant B”) and published a third party proposal on September 17, 2010 to recruit project supervisors of the instant project (hereinafter “instant proposal announcement”), and the main contents are as follows.

G Public announcement of third party proposals for development projects

1. Project name: G development projects;

2. Project outline;

(a) Business classification: Intermodal transfer centers under the National Transport System Efficiency Act;

(b) Project implementation method: It shall grant, at the cost of project supervisors, management and operation rights within 30 years in return for a donation to construction works after the construction of an intermodal transfer

6. Submission of project proposals;

(a) prepare in accordance with guidelines for preparation of the project proposal presented in the notice;

8. Matters for reference.

(a) The project proposer must be aware of the “Guidelines for Public Offering of Project Proposal” and “Guidelines for Preparation of Project Proposal” posted on the official notice of the A Corporation website (H) and propose it in accordance with its procedures and designation forms;

C. Meanwhile, the main contents of the “Guideline for the Public Offering of Project Proposal” as referred to in paragraph (8) of the instant proposal announcement are as follows.

Part I General Matters of the Guidelines for Public Offering Project Proposal

1. The objective of this Public Offering Guidelines is A Corporation (hereinafter “Corporation”).