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(영문) 대구지방법원 2016.05.13 2015가합1776
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 23, 2012, the head of the office for the management of sports facilities in Daegu Metropolitan City under Defendant-affiliated (hereinafter “Defendant”) announced a public announcement of the right to use commercial advertisements at a citizen playground (main stadium and camping ground). The main contents are as follows.

1. Matters referred to the tender;

(a) Tender name: A right to use commercial advertisements for citizen playgrounds (a) and camping grounds;

(b) The above dental services: Gongng-ro, Daegu Metropolitan City, 191

(c) Area to be used: 688.9 square meters;

D. The period of permission: (a) January 1, 2013 to December 31, 2015 (three years) provided, however, that the period of permission for use may be shortened in a camping area where professional camping games are newly established.

Estimated price: 846,00,000 won (1 year user fee and value-added tax limit);

3. The site site descriptions do not vary, so it is time to confirm the site in advance, and any disadvantage arising from the failure to confirm the site, etc. is attributed to the bidder himself/herself.

professional camping games in 2013: It may be adjusted according to the decision of the Committee of the Republic of Korea (KBO). The number of professional teams: 8 team official team 9 team: 133 match 128 match: 64 match 67 match 64 match 67 match (the 9 match in the Home Games shall be held in the place of the gynae).

B. A contract on the use of public property was prepared between the Defendant and the Plaintiff, who bided at the highest price pursuant to the above provision on the public notice of tender, and around November 7, 2012, as a successful bidder, and the main contents are as follows:

(hereinafter referred to as the “instant contract”). The indication of the property of the public property use contract: the purpose of use under Article 1 (Purpose of Use) of the right to use commercial advertisements (688.92 square meters) for citizen playgrounds (Yak-gu and main stadiums) shall be the installation and use of commercial advertisements.

Article 2 (Period of Use) The period of use under Article 2 (Period of Use) shall be from January 1, 2013 to December 31, 2015 (three years).

Provided, That the period of use may be reduced if the professional camping games are implemented in the camping area where the professional camping games are newly established. Article 3 (User Fee) ① The first year user fee shall be the successful bid amount (gold 2,759,000,000), and the user fee after the second year shall be public property and commodity management.

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