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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 28, 2014, the Plaintiff entered into a contract with the Defendant for the operation of the miscellaneous futures store that sells telephones, earphones, popons, popons, etc. from January 1, 2017 to April 30, 2017 at the F Station in Gangnam-gu Seoul (hereinafter “instant store”).
Since then, the Plaintiff and the Defendant extended the contract term to May 31, 2017.
B. On April 3, 2017, the Defendant publicly announced the recruitment of the instant store for the suspension of the operation of B-specialized commercial facilities, and the Plaintiff bid alone.
However, the Defendant rendered a decision to exclude the Plaintiff from a contracting negotiation subject, and notified the Plaintiff of the decision.
C. On April 20, 2017, the Defendant publicly announced the recruitment of the instant store for the suspension of the operation of the C Specialized Commercial Facilities, and the Plaintiff bid alone.
However, the Defendant rendered a decision to exclude the Plaintiff from a contracting negotiation subject in the C Specialized Project Proposal Evaluation Committee, and notified the Plaintiff thereof.
On May 16, 2017, the Defendant publicly announced the recruitment of D-specialized stores for the instant store, and the Plaintiff bid alone.
However, the defendant did not select the plaintiff as a business target.
E. The Defendant is a public institution under Article 5(4) of the Act on the Management of Public Institutions and its budget size is not less than 25 billion won.
Therefore, the regulations on the management of other contractual affairs of public agencies (No. 309 of the Ministry of Strategy and Finance, hereinafter “instant directives”) shall apply to the contract processing of the defendant.
Except as otherwise provided for in other Acts and subordinate statutes, Article 2 (Relation to other Acts and subordinate statutes) (1) of the instant Directives shall apply to the settlement of contracts by other public agencies with a budget scale of at least 25 billion won in the relevant year.
(4) Other public agencies.