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(영문) 광주지방법원순천지원 2017.08.10 2016가단81465
채무부존재확인
Text

1. The term of the contract for the service of entrusted management of facilities, such as B wild animal gardens, and exhibition animals between the Plaintiff and the Defendant on January 2015.

Reasons

1. Basic facts

A. On February 6, 2015, the Defendant publicly announced an electronic bid with respect to “facilities, such as B wild animals sources, and exhibition animal entrusted management services” as follows.

1. Matters referred to the tender;

(a) Title: Facilities, such as B wild animal gardens, and exhibition animal entrusted management services;

(b) Location: A wild animal officer B;

(c) Services outline: Five thousand square meters in place) and animal (50 thousand square meters in place), entrusted management (50 square meters in kind 1,255 ma), and other detailed details, refer to business instructions and three inquiries;

(d) Period of service: February 1, 2015 to December 31, 2015 (11 months);

(e) Basic amount: Conclusion after subtracting the period of non-performance from the awarded amount calculated on a daily basis when the award amount based on the basic amount of KRW 32,477,00 (including value-added tax) is based on 11 months of the operating period, and when it starts on or after February 1, 2015;

f. This service is subject to total contract, qualification examination, and integrity contract.

B. Upon the failure of the above bidding, the Defendant revised only service period and basic amount and announced the electronic bidding again, and thereafter, the Plaintiff and the Defendant concluded a service contract (hereinafter “instant service contract”). From March 9, 2015 to December 31, 2015, the Plaintiff and the Defendant concluded a service contract with the contract amount of KRW 265,494,00 (the contract amount was increased by KRW 57,173,000 on September 2, 2015) (hereinafter “instant service contract”).

C. Meanwhile, when the conclusion of the service contract in 2015 was delayed, the Plaintiff continued to perform the service prior to the instant service contract, such as wild animals gardens B in 2014, and was paid the service cost of KRW 47,33,000 from the Defendant (from January 1, 2015 to March 8, 2015), and thereafter, received the full payment for the monthly payment from the Defendant in the course of performing the service under the instant service contract.

On July 13, 2016, the Defendant rendered the instant case to the Plaintiff on the following conditions: “B wild animal gardens and other facilities, and exhibition animal entrusted management terms and conditions.”

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