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(영문) 서울남부지방법원 2014.09.17 2014가단213299
재활용수거계약 무효확인의 소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a resident of Yeongdeungpo-gu Seoul Metropolitan Government D Apartment (hereinafter “instant apartment”); Defendant B is the head of the management office of the said apartment; Defendant C is the representative director of the non-party E (hereinafter “E”) who was finally selected as a recycling collecting company on October 25, 2012 in the process of the public tender for the selection of a recycling company for the instant apartment.

B. Defendant B publicly announced the selection of the collecting company of the instant apartment at two sites of the F Housing Manager Association, the Seoul District Association’s Internet bidding site, and the national apartment occupants’ Internet bidding site of the incorporated association.

C. As a result, four companies, including E, non-party 1 corporation, Taedol Co., Ltd., good faith comprehensive resources for stock companies, and Songpa Resources, participated in the above bidding. On October 25, 2012, E presented the highest amount as a result of the bidding documents, which was finally selected as a recycling company of the apartment of this case.

Accordingly, on November 6, 2012, Defendant B entered into a contract with E for collection of recyclables with the content that the collection amount of recyclables would be KRW 6,912,000 per annum ( KRW 1,500 per household) as delegated by the council of occupants’ representatives of the instant case.

(hereinafter referred to as the “instant contract for the collection of recyclables”). . [Grounds for recognition] .] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6, and Eul evidence No. 17, the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is only E among four companies participating in the bidding according to the public announcement of the selection of the recycling company for the apartment of this case, so in such case, the defendant B, the head of the apartment management office, without taking the above measures, selected E as the recycling goods collecting company, and the representative of the residents of the apartment of this case during the process of submitting documents.

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