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(영문) 서울중앙지방법원 2017.10.27 2016가합24296
부당이득금 반환 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. On August 25, 2009, the Defendant publicly announced the recruitment of business operators in connection with the complex shopping complex development project for the subway 4 lines located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant project”), and the Plaintiff (the trade name at the time was changed as at the time, “the comprehensive construction for the corporation for the corporation’s interest,” and the trade name thereafter was changed as at the present time through “the comprehensive construction for the corporation for the corporation’s interest,” and the trade name was changed as at the time) was designated as the priority negotiation subject on September 28, 2009, by presenting monthly rent of KRW 3,835,500 for the 1st floor above the 199.31 square meters on the ground of the set-off zone in the subway 4 line.

Accordingly, on October 6, 2009, the defendant sent the "request to submit a detailed implementation plan according to the notification of the start of negotiations" to the plaintiff and requested data related to the detailed implementation plan for the building of commercial buildings.

B. On December 16, 2009, the Defendant sent to the Plaintiff a statement of the fact that “The negotiation procedure has been delayed by receiving special audits from a superior agency on the bid procedure, evaluation method, evaluation result, cost investigation service report, price negotiation, etc. of the instant project, and reflecting the audit results of the superior agency, the Defendant intends to re-convene price negotiations by negotiation partners.”

After that, around 2011, the Defendant was subject to the audit and investigation by the Board of Audit and Inspection with respect to the corruption related to the subway shopping business including the instant business, and accordingly, sent to the Plaintiff on July 13, 201, a public document stating that “The instant business related data related to the subway shopping shall be seized and temporarily suspended until the completion of the prosecutor’s investigation,” such as price negotiations,” to the Plaintiff.

C. On November 23, 2011, the Defendant notified the Plaintiff that the price negotiations, which had been interrupted during the period, were conducted on November 30, 2011.

Accordingly, the Plaintiff presented 2.10,000 won for once and 3.6 million won for two occasions in the price negotiations, with the rent per square meter for five years during the contract period. However, the Defendant was scheduled to do so.

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