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(영문) 서울고등법원 2020.02.05 2018나2063199
이윤율 삭감 금지 청구의 소
Text

1. Any claims that have been changed in exchange for another court, additional claims, or claims that have been extended or reduced.

Reasons

1. The reasoning for the judgment of this court in this part of the basic facts is as follows, and the corresponding part of the reasoning of the judgment of the court of first instance (hereinafter “1. Basic Facts”) is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, thereby citing the summary, including the summary, in accordance with the main sentence of

[Attachment] We add “Plaintiff” and “Plaintiff” (as at January 3, 2019, the trade name was changed from A to January 3, 2019; hereinafter collectively before and after the change) in Part 3 of the judgment of the first instance.

The attached Form 1 of attached Form 4 of the judgment of the first instance court shall be raised in attached Form 5.

Part 3 of the judgment of the court of first instance is "a contract entered in the list of estimated accounts by not less than attached Form 2" in attached Form 5 as "a contract entered in the list of estimated accounts by not less than N. 8" entered into on December 22, 2016.

The "original Family Management Deliberation Committee" in the attached Forms 3, 7, 9, and 13 of the judgment of the first instance court shall be respectively dismissed as the "original Family Management Deliberation Committee".

In Part 7 of the judgment of the court of first instance, the "Conclusion of a term contract" in attached Form 4 shall be read as the "List of Contracts for the Conclusion of the Term of 2017" in attached Form 1.

Part 8, 4, and 5 of the decision of the court of first instance are as follows.

3) After that, the Defendant, from June 26, 2018 to December 27, 2019, as indicated in the list of contracts concluded between the Plaintiff and the Plaintiff in attached Table 4, i.e., [Attachment 2018 to December 27, 2019], stated “the Regulations on the Management of Defense Programs” in attached Table 10, 12, i.e., the “former Regulations on the Management of Defense Programs” in attached Table 10, 10, 22, and 23, i.e., the “Rules on the Management of Defense Programs.” The Defendant, as follows: (a) there is no dispute over the grounds for recognition; (b) the evidence Nos. 1 through 3, 7 through 9, 15, 18, 23 (including each number; hereinafter the same shall apply); (c) the statement No. 2, 13, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. Unlike a general contract under private law, a contract for the supply of defense materials by the Defendant to the Plaintiff is calculated according to relevant laws, such as the Defense Acquisition Program Act.

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