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(영문) 서울중앙지방법원 2014.10.31 2013가합87982

용역수수료 반환

Text

1. The Defendant’s 60,000 US dollars and 6% per annum from December 31, 2013 to October 31, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a U.S. national company that aims to import defense materials, etc., and the Defendant is a Korean national company that aims to trade defense materials, etc.

B. On April 10, 2012, the Army Headquarters affiliated with the Republic of Korea (hereinafter “The instant service contract and the advance payment of service fees”) bid on the “Influent M1 small guns and repair parts and K2 small and medium water exchange” (hereinafter “instant bid”).

The purpose of the instant tender was to acquire the “M1 small guns and parts for repair” from the Republic of Korea as the processed goods and supply the “K2 small guns (Inventory number C)” to the Republic of Korea instead of exporting them to the United States, and in relation to participation in the bid, the Korean exporters partnership with the companies to be in charge of import in the United States and participate in the bid, and the Korean exporters and the importing companies in the United States provide the International Arms Transport Regulations (hereinafter referred to as “ITAR”) provided by the Government of the United States of America.

2) On April 26, 2012, when there was a violation of relevant statutes, such as violation of the laws and regulations, it was determined that D is disqualified as a bidder. 30,821,850,000 won for highest price bidder, D is a bidder, 20,000 won for each of the instant bidding on April 30, 2012. As a result of the opening of the instant bidding on April 30, 2012, D was confirmed to be the highest price of KRW 30,821,850,00 for each of the instant importing enterprises of the United States.

3 The Plaintiff sought measures to revoke the successful bidder's decision and re-tender the bidder's successful bidder's decision with respect to the Treatment International, on April 29, 2013, on the ground that there was a violation of ITR, while seeking measures to enable the Plaintiff to be determined as a successful bidder.