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(영문) 광주지방법원 2018.05.24 2017가합59692
낙찰자지위확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Clean Holdings Co., Ltd. is a company engaging in accommodation (condo) operation business, general restaurant operation business, etc., and the Plaintiff’s Netherlands is a company engaged in agricultural and fishery products sales business, manufacturing and selling a par value food, etc. The Defendant is a public corporation with the aim of stabilizing the prices of agricultural, forest, livestock, and fishery products, and improving their distribution, etc. in accordance with the Korea Agriculture and Fisheries Food Corporation Act.

나. 피고는 2017. 10. 19.경 서울 서초구 강남대로 27에 위치한 aT센터 건물 내 지하 1층 다용도 식당 등 편의시설(이하 ‘이 사건 편의시설’이라고 한다) 및 스낵전문점의 임차인을 모집하는 입찰공고(이하 ‘이 사건 입찰공고’라고 한다)를 하였고, 위 입찰공고의 주요 내용은 다음과 같다.

aT Center convenience facilities (multi-use restaurant, etc.) and 1) Public notice of the recruitment of lessees

1. Outline of facilities;

(a) Location: 27 AT Center in Seocho-gu Seoul Metropolitan Government (side to the fireworks market in Gyeyang-dong);

(b) Scale: Three underground stories (total floor area: 59,103.85§³) above ground;

(c) Major facilities: Exhibition halls, conference rooms, export commercial pipes, convenience facilities, parking lots (600 units), etc.;

2. Methods of solicitation: Open competitive tendering;

3. Facilities subject to installation: Two convenience facilities, such as a multi-purpose restaurant with the first underground floor in a T Center.

4. A package deal contract for the extension of 08:0-21:00 to a package deal contract for the extension of 08:00-21:00 to a single package deal contract for the avoidance of the agreement, such as a cafeteria 1,532, cafeteria 1,532, and a marriage, in which the current status of rental facilities is offered, the current status of operation of a house name floor, a house number,

8. Executing a tender;

(a) Bidding method: The highest price higher than the projected price is the successful bidding method (or the open competitive bidding at the site);

(b) The amount of bid: The deposit for rent converted into the monthly rent for rental: 17% of the bid amount: The amount calculated by dividing 83% of the bid amount by 12% per annum by 12% (excluding surtax); and

(g)in exchange for a bid registration certificate and a tender at the tender site on the date of the tender, the tender will be conducted;

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