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(영문) 부산지방법원 2020.05.08 2019구합25187
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant announced a public parking lot D (hereinafter “instant parking lot”) for the management trustee of the public parking lot D (hereinafter “instant parking lot”) in Busan Seo-gu B and C branch line public waters.

On September 2019, the Plaintiff participated in the said bidding and received a successful bid of KRW 430,510,000, and entered into an entrustment management contract with the Defendant on the instant parking lot (hereinafter “instant contract”). The main contents are as follows.

In concluding the instant parking lot (hereinafter referred to as the "parking") under Article 8 of the Ordinance on the Establishment and Management of the Parking Lots in the Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City (hereinafter referred to as the "Ordinance"), the defendant, who is a person entrusted with management for convenience, refers to the "trustee" and the plaintiff, who is the management trustee, to "trustee" and the following contracts:

C. Article 3 (Period and Method of Contract) ① The term of this contract is from October 1, 2019 to September 30, 2020 (one year).

Article 4 (Methods for Payment of Fees for Entrusted Management) (1) The user fees for entrusted management shall be KRW 430,510,000 (gold KRW 30,000,000).

Provided, That value-added tax shall be deemed included in entrusted management fees.

Article 14 (Deposit for Contract) (1) "trustee" shall pay an amount of at least 10/100 of the contract amount to "trustee" as a surety insurance policy, and if the obligation of this contract is not fulfilled, the contract bond shall be reverted to "trustee" at the same time as the contract is terminated.

Article 19 (Other) (2) The term "trustee" shall comply with the contract period, and shall not be terminated during the contract period.

Provided, That where the operation of a parking lot is deemed impossible due to the changes in surrounding conditions caused by the death of the contractor or long-term hospitalization for at least three months, the parking lot may be terminated.

(3) Where a trustee renounces the operation of a parking lot, he/she shall submit a written statement to that effect at least one month prior to the suspension of operation, and the parking lot until the next trustee is selected.

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