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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 Songpa-gu Facility Management Corporation (hereinafter referred to as the “Out-Seongn Corporation”) issued a public tender notice on B from October 1, 2014 to the 13th day of the same month, and received proposals and applications for participation from the 8th to the 13th day of the same month.
B. On December 31, 2014, the Defendant, who participated in the said bidding and won the successful bid, concluded a contract with the Nonparty for the construction of the C system at the contract price of KRW 158.4 million and the contract period from December 31, 2014 to March 20, 2015. On March 20, 2015, the Defendant concluded a contract with the Nonparty for the extension of the contract period to May 29, 2015 (hereinafter “instant contract”).
C. As of October 26, 2015, Nonparty 2 is proceeding with the examination of the system established by the Defendant under the instant contract.
[Reasons for Recognition] Gap evidence Nos. 1, 6, Gap evidence No. 7-1, Eul evidence No. 1, and fact-finding to the Songpa-gu Facility Management Corporation of this Court, the purport of the whole pleadings
2. On August 2014, the Plaintiff asserted that the Defendant and the Defendant provided bid services to enable the Defendant to receive a contract for the construction of the C system from the Nonparty Corporation, and the Defendant provided bid services to the Defendant to receive a contract for the said services from the Nonparty Corporation. Since the Defendant provided the website and app for the operation of the said system from March 20, 2015 to March 20, the Plaintiff asserted that the Defendant had the obligation to pay the Plaintiff KRW 39 million with the service payment and its delay damages. Accordingly, the evidence submitted by the Plaintiff alone concluded a contract between the Plaintiff and the Defendant.
It is not sufficient to recognize that the Plaintiff provided the Defendant with the service equivalent to KRW 39 million, and it may otherwise be recognized.