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(영문) 서울중앙지방법원 2020.10.29 2016가합13838
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the parties (hereinafter “B”) is a corporation engaged in aircraft and its parts, aircraft engines, vessels, and industrial gas turbs, and auxiliary equipment manufacturing, maintaining, selling, and leasing services, and the Defendant’s Defense Acquisition Program Administration, which initially promoted D development projects through the Public Procurement Headquarters under the Ministry of National Defense.

However, due to the revision of the Government Organization Act (Act No. 7613 of July 22, 2005), the Defense Acquisition Program Administration was newly established on January 1, 2006 under the control of the Minister of National Defense, and the major affairs (related to the planning of defense projects, the execution of budgets, the evaluation of the execution of budgets, and the contract of central procurement munitions) performed by the government procurement headquarters under the Ministry of National Defense were succeeded to

[Article 2(1) of the Addenda of the Government Organization Act (Article 7613, July 22, 2005). Accordingly, the Defense Acquisition Program Administration promoted D development projects.

It is a government agency responsible for defense acquisition programs, such as the improvement of defense force, the procurement of military supplies, and the fostering of the defense industry.

B. D development project and project structure 1) The Defendant: (a) domestically into the aged foreign helicopter in the course of operation of the Gun in order to create a foundation for independent production of the helicopter used by the train-private sector by developing components for the joint use of military helicopter as well as civil and military helicopters; and (b) from 2005 to acquire the Korean-type helicopter through domestic research and development in order to establish a foundation for independent production of the helicopter used by the train-private sector; and (c) from 2005 to acquire it through D (D: hereinafter “instant development project”).

The name of each organization was changed to “Ministry of Knowledge Economy” in 2008 and “Ministry of Trade, Industry and Energy” in 2013 following the reorganization of government organizations by the Ministry of Commerce, Industry and Energy. The Ministry of Knowledge Economy and the Ministry of Trade, Industry and Energy decided to promote the development project in this case as a national book project under the supervision of the Defense Acquisition Program Administration. 2) The development project in this case shall be divided into 100 parts of D and 71 of them shall be domestically produced.

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