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(영문) 서울고등법원 2019.06.07 2018나2057019

물품대금

Text

1. The judgment of the court of first instance is modified as follows.

Defendant’s KRW 20,508,074,861 among the Plaintiff and KRW 18,496,586.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running aviation-related business, such as design, manufacture, sale, etc. of aircraft, from June 2006 to the Defense Acquisition Program Administration (hereinafter “Defendant”) under the Defendant’s control over the affairs pertaining to the defense industry, including improvement of defense power, procurement of military supplies, and fostering of the defense industry. 2) The Plaintiff was designated as the Defendant’s Guidelines for the Certification System of the System for the System for the System for the Certification of the System for the System for the System for the Certification of the System for the System for the Certification of the System for the System for the System for the Prevention of Mountain Villages (Evidence 2012-4, which was enacted on June 25, 2012 (Evidence 21, No. 2014-2, Jan. 20, 2014; hereinafter “instant Certification Guidelines”) and received the term of validity from February 13, 2012 to December 21, 2015 (Evidence 2013).

3) The key contents of the instant guidelines are as follows. Article 1 of the Guidelines for the Operation of the System for the Certification of the System for the Settlement of Mountain Villages (Contract Management Headquarters No. 2014-2) of the Guidelines for the Operation of the System for the Settlement of Mountain Villages (Contract Management Headquarters No. 2014-2) provides for matters necessary for the certification of the cost management system of defense contractors, including the scope and level of linkage of the data on the ERP system pursuant to Article 35(6) of the Guidelines for Accounting and Separate Accounting Standards. Article 5 of the Guidelines provides for matters necessary for the certification of the cost management system of defense contractors.

The head of the headquarters may recommend the certification of the cost management system to the Corporation, and the head of the headquarters may certify the cost management system accordingly.

1. An enterprise designated as a system construction enterprise pursuant to Article 14;

2. An enterprise which has been designated as a faithfully submitted enterprise with cost data pursuant to Article 17.