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(영문) 전주지방법원 2017.05.17 2016나1055
수수료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant’s assertion 1) The evidence submitted by the Plaintiff is insufficient to recognize the fact that the instant product was selected as government-funded materials by conducting business activities against the Rural Development Administration. Even if the Plaintiff’s business activities are acknowledged, even if the fact of the Plaintiff’s business activities is acknowledged, the agreement between the Plaintiff and D is null and void pursuant to Article 103 of the Civil Act due to special circumstances where the funds of government-funded funds are included in the amount of remuneration when making a special solicitation as to matters related to public officials’ duties. The Defendant is not obliged to pay fees to the Plaintiff on the ground of the Plaintiff’s business

B. According to the results of the fact-finding conducted by the Administrator of the Rural Development Administration, the selection of government-funded materials related to the relocation of the government-funded materials to the Rural Development Administration may be recognized by the Public Procurement Service and notified the results thereof to the Rural Development Administration. However, the following circumstances are as follows: ① The relocation of the government-funded materials to the Rural Development Administration is a customized service corporation executing the process of selecting government-funded materials; ② the government-funded materials for the selection of government-funded materials for each item of the government-funded materials and the documents submitted by the design service provider; ② the government-funded agency selected government-funded materials through the deliberation, resolution, and voting of the Council, which is composed of internal members of the government-funded institutions, and the head of the department in charge, who reviewed the opinions of the government-funded materials for the selection of government-funded materials.

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