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(영문) 서울고등법원 2016.10.28 2016나1443
점포인도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 47,108,063 as well as to the plaintiff on October 2015.

Reasons

1. Basic facts

A. The Defendant’s announcement of tender and the process of selecting rental business operators 1) The Defendant’s bid to select rental business operators through competitive bidding as to 100 stores within 70 stations on September 25, 2009 in order to run rental business within the history of Seoul subway 1 through 4 Seoul subway 1 (hereinafter “instant bid”).

(D) The Plaintiff and the Plaintiff Co., Ltd. (hereinafter referred to as “D”) were publicly announced in the instant tendering procedure.

The 3 companies, including the 3 companies, participated in the announcement of the present case.

1. Matters referred to the tender - The name of a bidder - The name of a subway station - the establishment (area): 2,051.89 square meters (referring to public offering guidelines) in the premises of the subway station - the period for submitting the proposal - the notification of potential concessionaires from October 16, 2009 to October 20, 2009: The scheduled proposal on October 23, 2009 (individual notification after the completion of the evaluation of the proposal);

(a) Term of lease: five years, but it shall be renewed for two years where all matters concerning the contract are faithfully fulfilled;

B. Project outlines: Reference to the instant public invitation guidelines

2. Method of contract: The total tender (total tender) and the tender that proposes the total amount of rent (including value-added tax) for each five years by negotiation.

3. Qualifications for participation;

(a) Documents proving the paid-in capital in the business entity of the Republic of Korea (not eligible to file an application for business in the name of an individual or agency) whose paid-in capital is at least five hundred million won as of the public announcement date of tender: A certified

9. Conclusion of contracts and contract terms;

(a) A successful bidder (a) shall pay a rental deposit equivalent to the amount of nine months of the monthly rent as cash or performance guarantee insurance policy at the time of concluding a contract, and the average rental deposit for three months of the monthly rent shall accrue to the defendant at the time of termination of the contract due to a cause attributable

11. Matters on the attendance of participants and other matters;

(c) The project proposal shall be prepared as true on the basis of the method of preparation presented by the defendant, and shall be restricted from participation in bidding, and shall be cancelled.

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