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(영문) 서울고등법원 2017.03.02 2016나2052461

부당이득반환청구의건

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s conclusion and amendment of the service contract 1) is a company established for the purpose of public relations agency business, etc., and announced publicly by the Seoul Local Government Procurement Service (hereinafter “instant service”) around May 2012.

A) Participating in the bid of the Company, the bid was determined as a successful bidder, and the bid price was determined on June 19, 2012 by the Republic of Korea (Seoul Local Public Procurement Service) and the “demanding Agency: the Defendant, the contract amount: KRW 680,352,750; the delivery period: December 31, 2012; and the contract classification: the service contract stipulated under the “total contract” (hereinafter referred to as “instant service contract”).

(2) At the time of the instant service contract, the Plaintiff and the Republic of Korea (Seoul District Public Procurement Service) agreed to include all documents, such as the written request for proposal of the project, written contents of the project, proposals, and the results of additional negotiations, submitted by the contractor, in accordance with Article 4 of the General Service Contract Terms and Conditions. (2) On the other hand, the purpose and scope of the instant service contract stated in the written request for proposal publicly announced at the time of the tender, and the purpose and scope of the business of the instant service contract.

1. Title of operations: B;

2. Purpose of business: Establishment of “B” brand and formation of national consensus;

4. Period of operation: From the date of conclusion of the contract to December 31, 2012.

Ⅱ Details of business; and

1. Over-business goals:

(a) the construction of uniform and strong B brands;

B. Enhancement of awareness about B and formation of national consensus

2. Scope of operations;

(a) Formulation of the IMF plan and strategies which reflects the arrival rate of typance and the characteristics of tourism venture businesses and can produce maximum communications effects;

(b) Establishment of, and implementation on behalf of, an implementation plan for various communications means, such as electrical mixings, based on the IMF plan and strategies;

(c) Press publicity and PR - Promotion of Press Publicity and R - Services 8 PR/Pubicity, risk management and general management;

(d) Operation, etc. of business start-up competitions and various advertising events;

(e) Measurement and analysis of advertising effects;

Ⅲ Information on proposals;

2. Matters related to selection;

(a) Bidding methods: Limited competitive tendering;

(b) contract method: a contract by negotiation;