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(영문) 인천지방법원 2013.12.04 2013가합6533
용역비
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The establishment of the Defendant Promotion Committee and the conclusion of the instant service contract (hereinafter “Defendant Promotion Committee”), and the remainder Defendants except the Defendant Promotion Committee, are the Housing Redevelopment Promotion Committee established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), and obtained approval from the head of the Incheon Southern-dong Office on February 26, 2008 from 1,49 owners of land, etc. within 104,320.3 square meters (hereinafter “instant land”).

B. The Defendant Promotion Committee concluded an administrative service contract with the non-party sub-party sub-party 2 (hereinafter referred to as the "sub-party 2") in order to obtain the approval as above. After obtaining the approval of the Promotion Committee, the Defendant selected the sub-party as a specialized management contractor, the re-party 2 would not claim the cost and service cost incurred before approval.

【Defendant Promotion Committee announced a public announcement to select a specialized management businessman of rearrangement projects on May 27, 2008, and made the site site conference on May 30, 2008. At the time, the Plaintiff stated that “The business operator wishing to participate in the bidding shall pay the bid deposit KRW 150 million up to the bidding notice, and the final selected business operator shall use the bid deposit by converting it into the loans of the Defendant Promotion Committee.”

The plaintiff paid the bid deposit of KRW 150 million on June 3, 2008, and participated in the above bidding, but the re-purchase was disqualified due to the failure to pay the bid deposit, and as a result, the plaintiff became the only participant in the bidding.

(v) the Defendant’s Promotion Committee rejected the payment of costs and service costs on the ground that it cannot be selected as a specialized management contractor due to reasons attributable to the re-rupture development, but the continued demand for re-rupture development is made.

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