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(영문) 인천지방법원부천지원 2016.04.27 2015가단19218
채무부존재확인의소
Text

1. As to the Defendant’s announcement of the public announcement of the rent of a restaurant among the Gancheon University Hospital on November 17, 2014, the Defendant.

Reasons

1. Basic facts

A. On November 17, 2014, the Defendant announced a public announcement of the rent of a restaurant at the Seocheon University Hospital.

The main contents are as follows:

In the case of a successful bidder who enters a contract without justifiable reasons within seven days, the bid bond shall accrue to the defendant when the successful bidder fails to enter into the contract without justifiable reasons within seven days from the date of February 1, 2015 to January 31, 202 (36), the method of bidding and contracting method of receiving a proposal [1] proposal (2.17.2), the examination [3] proposal] proposal, the announcement of the successful bidder [3] proposal [3] proposal, the method of selecting the highest score company with the highest score in the selection criteria list under the conditions presented by the defendant (2.30 December 30, 2014) as the preferential negotiating person.

B. The Plaintiff submitted a bid guarantee insurance policy (the issuance of Seoul Guarantee Insurance Co., Ltd., and insurance money, 12,500,000 won, which is equivalent to 5% of the bid amount) that the Defendant demanded through the public announcement of tender, and was selected as a successful bidder

C. On January 16, 2016, the Defendant presented to the Plaintiff a written contract form in which specific contractual matters are included, and requested the Plaintiff to conclude the contract. On January 16, 2016, the Plaintiff expressed to the Defendant the intent not to waive the tender and conclude the contract.

Accordingly, the defendant claimed payment of the amount equivalent to the bid bond against Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance").

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the terms and conditions were different from those set forth in the public notice of tender, and the Plaintiff could not accept the terms and conditions of the contract and could not reach the conclusion of the contract.

Therefore, the plaintiff's refusal to conclude a contract has justifiable grounds.

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