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(영문) 춘천지방법원강릉지원 2016.05.24 2015가합5807
낙찰자 지위확인의 소
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 defendant is the council of occupants' representatives, composed of the occupants of the 15 Hanyang2 and the 3rd apartment (hereinafter "the apartment of this case") in the valley in the East Sea.

B. On October 28, 2015, the Defendant announced the instant bidding to select a liquefied petroleum gas collective supplier of the instant apartment complex (hereinafter “instant bidding announcement”). The public notice column of the instant bidding includes value-added tax (including bid price and standard amount). The public notice form attached to the public notice form of the instant bidding (hereinafter “the notice form of the instant attachment”) states that “The bid price shall be shipped out, and the additional tax (excluding value-added tax) shall be shipped out,” and the public notice form attached to the public notice form of the instant bidding (hereinafter “the notice form of the instant attachment”) states “4. 11 [the unit price of the supply] tender document (including value-added tax)” (including value-added tax) in relation to value-added tax.

On November 5, 2015, the Defendant urged the Plaintiff to enter into a contract with the Defendant until November 11, 2015, because the Plaintiff was selected as the successful bidder of the instant tender, and notified the Defendant that the selection of the successful bidder is revoked if the contract is not concluded within the said period and the bid bond is reverted to the Defendant.

E. However, the plaintiff asserts that the value-added tax is not included in the bid price, and the defendant is an amount included in the value-added tax.

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