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(영문) 수원지방법원 2016.01.06 2015나22516
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant’s announcement of the instant announcement, etc. 1) On-road parking lots (hereinafter “instant parking lot”) located under the Seoul Urban Highway, which located in the area of 746 U.S. Woo-si, Suwon-si on December 9, 2013 (hereinafter “instant parking lot”).

As to the public parking lot, etc., the public parking lot operator was selected in attached Form 1, 2014 (hereinafter “instant public notice of tender”).

2) According to the attached Table 1 (hereinafter “attached Table 1”) (hereinafter “Attachment 1”) (hereinafter “Attachment 1”) (hereinafter “Attachment 2”) (Article 1) (2) of the Ordinance on the Installation and Management of Parking Lots at the king-si (hereinafter “instant Ordinance”), it is stipulated that the parking fees for Sundays and holidays shall not be collected (except in the case of the off-board parking lot and the on-road parking lot on the street side of the white road) in the remarks column of the “tender subject to bidding.”

B. 1) Article 6(2) of the Ordinance of this case provides that the management of the public parking lot, which is the public property, shall be entrusted to a third party, the standards for calculating the entrustment fee to be paid by the management trustee shall be as specified in attached Table 2 (attached Form 3.).

hereinafter referred to as “attached Table 2” only

2) The bid price (minimum bid price) of the instant parking lot was publicly announced as KRW 98,154,050 in the public announcement of the instant public announcement. The said bid price was determined as “area of parking zone per unit (area) ¡¿ number of pages x individual land price per unit x (25/1,000) x period of occupation (year) x index.”

C. On December 23, 2013, the Plaintiff entered into the instant contract with the Defendant, participating in the bid at the highest price of KRW 148,570,00 (excluding value-added tax), which is the bid price for the instant parking lot, and was determined as the successful bidder. The Plaintiff entered into the instant contract with the Defendant, “the instant contract” refers to “the instant contract for the management and operation of the public parking lot as set forth below:

163,427,00 won (including value-added tax) was paid in three-month installments after the conclusion of the contract. Article 3 (Contract Period ① January 1, 2014)

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