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(영문) 서울중앙지방법원 2015.04.10 2013가합530219
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 21, 2012, the Defendant: (a) publicly recruited private business entities (No. 2012-27 of the public announcement of the Korea Railroad Corporation; hereinafter “instant public invitation”) to develop idle sites of the size of 618-52, 618-596, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu; (b) the Defendant owned by the Defendant; and (c) organized M&Wnb oil and consortiums (hereinafter “instant consortium”); and (d) filed an application for business according to the said public invitation.

At the time of the public invitation of this case, the defendant publicly announced the public invitation guidelines, and the main contents of the above public invitation guidelines are as follows.

Article 2 (Definitions of Terms)

2. The term "project applicant" means a single corporation or a federation comprised of corporations participating in this public offering (hereinafter referred to as a "cooperative");

3. The term "priority negotiating person" means an applicant for a project who obtains the highest score as a result of the evaluation of an application for a project and is designated pursuant to Article 25;

Article 25 (Designation of Preferential Negotiations) (1) After deliberation by the board of directors after deliberation on the business plan of the relevant company by the Czerail Deliberation Committee, the result of deliberation shall be determined by the Committee after deliberation of the business plan of the relevant company, and the preferential Negotiations and the next preferential Negotiations shall be determined.

(2) The preferential negotiating party may negotiate with the next highest negotiating party at the time of a conference of negotiations, and the designation of the preferential negotiating party may be revoked if the designated preferential negotiating party fails to conclude the project implementation agreement within the period prescribed in Article 28 (1) without any justifiable ground.

(3) Where a preferential bidder fails to conclude a project implementation agreement, he/she may restrict his/her qualification for participation in bidding pursuant to Article 15 of the Regulations on the Affairs of Contracts of Public Corporations and Quasi-Governmental Institutions.

Article 27 (Establishment of Draft Convention) (1) An applicant for a project notified of the designation as a priority negotiating party from the Co.m. from the Co.m. shall, without delay, negotiate with Co.m. on the basis of the contents of the Guidelines and the application for the project, and

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