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(영문) 인천지방법원 부천지원 2017.02.14 2015가단117747
계약관계 존재확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who runs food wholesale business, etc. in the trade name of “B,” and the Defendant is a local government that established and operated a public Chigh School on January 5, 1974 (hereinafter “instant school”).

B. According to Article 7 of the Act on Contracts to Which a Local Government Is a Party, and Article 15 of the School Meals Act, the principal of the instant school who directly manages and operates a school meal service pursuant to Article 15 of the School Meals Act, on February 12, 2015, the Plaintiff and the Defendant publicly announced a bid for the selection of an entrusted meal service operator (Chigh school announcement D and major contents are as follows).

1. Matters referred to the tender;

(a) Basic meal cost for the expected number of meal service days including basic amounts, and unit cost for meal service for the expected number of meal service days, and grouping, middleing, and tableing (type 3 per day) of the place of food distribution (type 6,000 days from March 1, 2015 to February 29, 2016) 6,000 won (including additional tax) 172,800,000 won (including the place of food supply) in the camping-gu, Seocheon-gu;

(b) A scheduled student: 37 students and 40 students in total (the number of students may be increased or decreased);

(c) The number of meal service days and the number of meal service personnel may change, depending on school circumstances - Days which do not provide meals, such as participation in the competitions, field training, and returning home, shall be excluded.

(d) Submitting a calculation statement of the total amount at the time of concluding a contract (calculated as meal service personnel);

7. Registration of bidding and submission of price bidding documents;

(a) The period for submitting proposals: February 13, 2015 (gold) 09:00 to February 17, 2015 (Franchisium)

(b) The period for submission of a price bidding document: February 13, 2015 (gold) 09:00 to February 17, 2015 (Licheon) 17:00 (hereinafter omitted);

8. Opening of bids;

(a) The date and time of opening bids: February 24, 2015 (Koreanization); 10:00 (hereinafter referred to as "inform") on February 24, 2015;

(a)The contents of the proposed proposal shall not be modified unless requested by the principal, and shall be regarded as part of the terms and conditions of the contract at the time of conclusion of the contract;

(hereinafter 2) The Plaintiff submitted a bid proposal to the instant school while participating in the bid.

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