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(영문) 서울고등법원 2015.11.11 2015나2038635
우선협상대상자지위확인 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 26, 2013, the Defendant: (a) publicly recruited a private business entity (hereinafter “instant public invitation”) to create a building for which the construction of a performance hall was suspended as a complex cultural experience zone (hereinafter “instant public invitation”); (b) the Plaintiff, the purpose of which is entertainment planning business and performance production business, submitted a business plan around that time; (c) the Plaintiff filed an application for a public invitation for the instant public offering with respect to the instant public offering for a private business entity (hereinafter “instant public invitation”). (d) the Plaintiff, the purpose of which is entertainment planning business and performance production business, submitted a business plan, etc.; (d) the CVP Co., Ltd. (hereinafter “CHP”); (e) the Peln L&A (hereinafter “C”); (e) the Pelelcom Company; and (e) the Newcom Company; and (e) the Agricultural Corporation or the Agricultural Corporation around that time.

B. On the other hand, the contents of the Guidelines for the Public Offering of this case, and the method of selecting priority bidders and the conclusion of agreements, etc., are as follows.

Article 22 (Selection Method of Preferential Negotiations) (1) An applicant who gains the highest score in the evaluation of a project plan among the persons eligible for negotiations shall be selected as a person eligible for preferential bargaining, and the next priority potential concessionaire may be designated according to the order of score.

(5) Where the selection of a person subject to preferential bargaining is cancelled pursuant to Article 24, the defendant may designate a potential concessionaire from among the persons eligible for preferential bargaining, and proceed with the negotiation.

(6) The defendant may choose not to select a potential concessionaire as a result of the evaluation by the Evaluation Committee, if it deems that there is no applicant meeting the objective of the project.

Article 24 (Cancellation of Selection of Person Eligible for Preferential Negotiations) In accordance with Articles 23 and 25, the duties of the person eligible for preferential negotiations shall be neglected or within the time limit.

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