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(영문) 서울중앙지방법원 2015.02.10 2014나35241
상가인도
Text

1. The text of the judgment of the first instance, including the Plaintiff’s claim added and expanded in the trial, is as follows.

Reasons

Basic Facts

The Plaintiff’s promotion of the Plaintiff’s subway history development project is a public corporation established pursuant to Article 18 of the Urban Railroad Act and Article 49 of the Local Public Enterprises Act. Around October 2007, the Plaintiff promoted “collective price and theme station development project” for the purpose of developing idle spaces in the subway history as a group price and creating theme space with a unique consensus concept, thereby promoting the convenience of urban railroad users and contributing to the Plaintiff’s management rationalization.

On April 7, 2008, the Plaintiff, as a part of the development project such as the above group price, issued a public notice of the bid for the lease of the 7th class B group price development (II).

The method of tender is a competitive bid, total bid (total rent for five years), and accordingly, the monthly rent shall be 1/60 of the successful bid price and the lease deposit shall be 9 months of the monthly rent.

In addition, the plaintiff shall bear all the expenses incurred in the construction and operation of a "collective store" in the public announcement of the above tender, and shall be treated at the expense of the business operator even in cases where it is necessary to treat obstacles caused by the construction work and to supplement other facilities connected to the construction work, and when the lease contract is terminated or terminated, all the facilities of the lease object related to the operation of the business shall be restored to the business operator's expense, and the business operator shall not claim for reimbursement to the plaintiff

'The point' was clearly indicated.

In the bid for the selection of the bidder, the Plaintiff and Defendant SPia, who entered into the lease agreement with the Defendant SPia, presented the highest price among the bidders, and was selected as the large-scale supplier of this case.

On May 6, 2008, the Plaintiff’s contract amounting to KRW 930,00,000, lease deposit amounting to KRW 139,500,000, and KRW 15,50,000, monthly rent for Defendant SPia and the instant waiting room.

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