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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a person operating Seoul subway 1, 2, 3, and 4, and is a corporation established pursuant to the Ordinance on the Establishment and Operation of the Local Public Enterprises Act and the Seoul Meet.
B. The Defendant established and operated the real-time information provision system on the use of trains, etc. within the history and electric trains of Seoul subway 2 lines, and issued a project proposal request stating the scope, conditions, guidelines for preparation of proposals, evaluation standards, professional engineer claims, etc. (hereinafter “instant project proposal request request”) around February 2009 in order to conduct advertising agency business by using the installed facilities (LROM monitors) monitors. In order to select companies participating in the above project, the Defendant distributed a project proposal request statement stating the scope, conditions, preparation guidelines, evaluation criteria, professional engineer claims, etc.
C. On March 16, 2009, Ntsts Co., Ltd. (hereinafter “Sts”) submitted to the Defendant a proposal (Evidence Nos. 5, 4-1 through 4, hereinafter “instant proposal”) prepared in accordance with the aforementioned written request for project proposal, and was selected as an eligible person for negotiation.
On June 10, 2009, the Defendant entered into a contract on the “the real-time information provision system construction project within the Seoul Qro-ro history and the Jeon Dong-dong history” (hereinafter “instant contract”) (hereinafter “instant contract”) by determining the contract term from June 10, 2009 to June 9, 2025 as the contract term of KRW 25 billion (including value-added tax).
E. The main contents of the instant contract are as follows.
Article 1(Purpose)The purpose of this Agreement is to provide for the matters agreed between the defendant and NEz in the establishment and operation of an information guidance system, such as the use of trains in the electric trains and the stations of Seoul Matro, and the implementation of video advertising projects.
Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:
1 The term "the project" means the production, installation, removal, operation, maintenance, and management of facilities, etc. under this Agreement and the advertisement of video images.