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(영문) 부산지방법원 2018.10.11 2017가단310131
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(1) Under the Port Authority Act, the Defendant is a special corporation established on January 16, 2004 and established on January 16, 2004, with the aim of fostering H centered on competitive logistics and contributing to the national economy by enhancing the expertise and efficiency in the business of developing and operating port facilities.

B. On April 15, 2015, the Defendant conducted competitive bidding to select convenience facilities, specialized restaurants, and distributors of souvenirs in the G passenger terminal located in Busan F (hereinafter “instant G passenger terminal”), and issued a public notice of tender (hereinafter “instant tender”).

Among the contents of tender announcement, the following are included:

1) Collection of fees for the use of a harbor facility shall be submitted to the Defendant within 10 days from the successful bid date, and the fees for the use of the harbor facility shall be paid not later than five days before the beginning of the permitted period. 4) The employer shall separately bear the expenses for the management and operation of the G passenger terminal (management expenses) in an amount calculated by

- The method of calculating management fees: Total amount of facility management fees 】 used area (public use of a building exclusively for a building) ± Common use area of a building shall be calculated as 20% of the total floor area of the building (42.7% as of the standard area for exclusive use of the building) 5) monthly public charges (such as electricity, gas, and water taxes and public charges). The defendant selected the plaintiffs as successful bidders in the process of the above bidding, respectively, and the plaintiffs filed an application for approval of exclusive use of harbor facilities with the defendant on August 31, 2015 (hereinafter referred to as “the conditions of approval in this case”).

(2) In addition, each consent to the exclusive use (hereinafter referred to as the “approval of the exclusive use of this case”).

A. The Plaintiff’s exclusive use period of the Plaintiff’s harbor facility is KRW 32.76 square meters from August 31, 2015 to August 40, 2018, the Plaintiff’s exclusive use period of KRW 32.76 square meters from August 31, 2015 to August 31, 2018, and KRW 92.04 square meters from August 31, 2015 to August 31, 2015.

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