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(영문) 서울고등법원 2013.08.30 2012누14486
시정명령 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff et al.’s status as the Plaintiff et al., Samsung Trams Co., Ltd., E&E engine Co., Ltd., and Korean Commercialization (in cases where both names are referred, “Plaintiff et al.”, and when referring to individual companies, “stock companies” are omitted) are all companies manufacturing defense materials.

Plaintiff

The total amount of sales related to the defense industry is about 30% as of December 31, 2009.

(b) Long-III projects, the conclusion of agreements with the plaintiffs, etc., the conduct of bids, and the conclusion of contracts - Report-III projects are projects which invest in total of KRW 2.70 billion and secure 00 lock-III (Batch-I) lock-up projects independently in Korea.

The Agency for Defense Development (hereinafter referred to as the "Agency") refers to a system that promptly analyzes information collected through various detection and tracking licenses, such as cattle, etc., so that the commander can assess the situation and instruct the combat system at the time of the combat system to be loaded on February 12, 2009 through its Internet homepage on the Internet homepage, and provides information on appropriate teaching methods, etc.

For the total 5 bids on research and development projects of soon system (hereinafter referred to as “each of the instant bids”), the system integration and analysis of the “written proposal for the selection of one company from among the systems of soon-III combat system pilot system” and the “written proposal for the selection of one company from among the systems of soon-III systems” means the system for the integration and analysis of the information detected by individual cattle. The system integration conducted the “written proposal for the selection of three companies from among the systems of soon-III systems.”

On March 20, 2009, the Plaintiff and Samsung C&S jointly establish a cooperative system with both companies for each of the instant bids on March 20, 2009, and in the case of a combat system tender, Samsung C&S will be the main business operator, and the Plaintiff shall participate as the subcontractor.

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