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(영문) 서울중앙지방법원 2016.07.08 2014가합560132
부당이득반환청구의건
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company established for the purpose of public relations agency business, consulting business, etc., and the defendant is a public corporation established for the purpose of promoting Korean tourism business.

Around May 2012, the Defendant, through the Seoul Local Government Procurement Service, publicly announced the bid for “B” (hereinafter “instant service”) and the Plaintiff was determined as the successful bidder.

On June 19, 2012, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with a procuring entity as the Defendant with the Republic of Korea (Seoul District Public Procurement Service) under which the Plaintiff entered into a service contract (hereinafter “instant service contract”) under the terms of “a total contract” (hereinafter “instant service contract”).

Under the service contract of this case, all other documents, such as a written request for proposal of the main project, a written proposal, a result of additional negotiations submitted by the contractor, etc., shall be effective as a contract document even if they are not attached to this contract under Article 4 of the General Terms and Conditions of the General Service Contract, and shall be included in the contract.

On the other hand, the written request for proposal (Evidence A 2) announced at the time of tender was indicated as follows with regard to the purpose and scope of business of the instant service contract.

Ⅰ도요;

1. Title of operations: B;

2. Purpose of business: Establishment of “B” brand and formation of national consensus;

4. Period of operation: From the date of conclusion of the contract to December 31, 2012.

Ⅱ Details of business; and

1. Over-business goals:

(a) the construction of uniform and strong B brands;

B. Enhancement of awareness about B and formation of national consensus

2. Scope of operations;

(a) Formulation of the IMF plan and strategies which reflects the arrival rate of typance and the characteristics of tourism venture businesses and can produce maximum communications effects;

(b) Establishment of, and implementation on behalf of, an implementation plan for various communications means, such as electrical mixings, based on the IMF plan and strategies;

(c) press promotion and PR - Promotion of Press Publicity and R - Services;

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