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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The developments leading up to the instant disposition (the trade name of the B Co., Ltd. was changed to the Plaintiff on June 17, 2013) constituted an organization established by C to operate the textile industry, etc. designated by the Ministry of Patriots and Veterans Affairs, which can conclude a negotiated contract pursuant to Article 26(1)4 of the Enforcement Decree of the Act on Contracts to Which the State is a Party.
From July 27, 2007 to May 14, 2012, the Plaintiff entered into six negotiated contracts with the Defense Acquisition Program Administration for the supply of the Air Force and the Army sports uniforms (hereinafter “instant military sports uniforms”) as listed below (hereinafter “the first contract”), and the remainder of the contracts in the sequence 2 to 6 are indicated in the same manner. The Plaintiff supplied the instant military sports uniforms to the Defense Acquisition Program Administration at that time.
On July 27, 2007, D 1D 2E 2E 2 E on June 30, 2008, H 5 H on June 21, 201, 201, 1D 4 G 5 H 6 I on June 17, 2011, the Plaintiff was supplied with the instant military sports uniforms from the KNR Co., Ltd. (hereinafter “K”) from around July 2007 to December 201, 208, and received a tax invoice issued by KND 3 on June 30, 209.
On November 19, 2013, M, the representative director of the plaintiff, was sentenced to imprisonment for three years and one year and six months (three years of suspended execution), respectively, for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Aggravated Punishment, etc. of Specific Economic Crimes Act (Embezzlement). Among them, the crime of violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to this case is as follows.
Defendants (L and M refers to; hereinafter the same shall apply) shall embezzled C funds in determining the price of sub-sportss by the Defense Acquisition Program Administration.