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(영문) 대구고등법원 2016.02.17 2014나21343
부당이득금
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Public announcement of basic facts;

1. Date of a tender for A-Maintenance and repair of the items submitted for a tender: The contract method on November 29, 201: The deadline for the delivery of limited competition: One year from the contract date;

2. Bidding methods: Electronic tendering;

3. Amount of budget: 470,000,000 won (including this Article/value added tax).

4. Type of contract: Condition of ex post facto review of cost (referring to the condition of special contract (referring to the payment of cost).

6. Qualifications for participation.

(c) An enterprise registered as the business registration certificate for electricity and communications construction or other business for manufacturing radio communications equipment; and

(d) An enterprise which has the record of manufacturing or installing and maintaining the transmission facilities, mobile communications facilities, equipment falling under the information and communications network facilities referred to in the attached Table 1 of the Enforcement Decree of the Information and Communication Work Business Act;

(d) The detailed criteria for qualification examination shall be as follows:

(2) Criteria for the number of persons required for technical capacity as a mechanic shall be the number of persons required for a mechanic with at least one performance record of similar transmission facility works, mobile communication facility works, manufacture or installation of information network facility works, and 1 or more performance record of 1 or more of maintenance services, 2) Technical capacity: Eight persons;

A. On November 21, 201, the Defendant publicly announced a service contract for the maintenance and repair of A (hereinafter “instant A”) established in the Air Force Flight Base, and the main contents thereof are as follows:

(A) Article 1 (Indication of Contracting Parties) of the Special Conditions (A Maintenance and Repair) of the Contract (A Maintenance and Repair) The indication of the contracting parties to the contract used in this Agreement shall be as follows:

1. A: The defendant (the Air Force Headquarters);

2. B: Plaintiff 3 (Supplement of Contract Documents) Details not specified in this contract term shall be governed by the following Acts and subordinate statutes, and various regulations:

1. The Act on Contracts to Which the State is a Party, the Enforcement Decree and the Enforcement Rule of the said Act (including defense Acquisition Program);

2.Directions to deal with the affairs of the Ministry of National Defense, general terms of service contracts, criteria for the execution of government tendering contracts;

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