logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.12.01 2016가합52876
계약해지무효확인
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 plaintiff is a company established for the purpose of security service business, etc., and the defendant is the council of occupants' representatives of Kimhae-si A apartment (hereinafter "the apartment of this case").

B. Around July 23, 2015, the Defendant issued a public announcement of tender for the selection of security service providers of the instant apartment.

On August 13, 2015, the Plaintiff, who was finally selected in the said bidding, entered into a security service contract with the Defendant for the term of the contract from September 1, 2015 to August 31, 2018 (hereinafter “instant contract”) and had been performing security service duties in the instant apartment from September 1, 2015.

C. On the other hand, Scenz Co., Ltd. (hereinafter “Scenz”) who participated in the said security service bidding filed a civil petition against the above bidding result and filed a civil petition at Kimhae-si. On September 2, 2015, the said bid was in violation of the guidelines for the selection of housing management operators and business operators.

The defendant selected the plaintiff by violating the housing management operator and the business operator selection guidelines (which is different from the announcement guidelines), and Kim Jong-si ordered the defendant to correct the above violation.

According to this, the Plaintiff’s selection of security service company and the instant contract are all null and void.

In such cases, a security service contract may be concluded with the defendant as a successful bidder at the three-party business who has subscribed to the lowest price.

The Defendant filed a lawsuit seeking confirmation of the status of a successful bidder with the Changwon District Court 2016Gahap288 as the other party on February 12, 2016. The said court confirmed that the Defendant was in the status of the successful bidder in the A apartment security service tender conducted on May 26, 2016 by the Defendant on August 10, 2015.

The judgment (non-drawing) was rendered, and the above judgment became final and conclusive on June 17, 2016. E. The defendant on May 31, 2016, as the content certificate to the plaintiff on May 31, 2016.

subsection (b).

arrow