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(영문) 서울중앙지방법원 2015.02.04 2013가단5154279
용역대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The chief of the National Defense Facility Headquarters, who belongs to the Defendant, had the Defendant carry out the precise packaging work using the training team (hereinafter “instant development project”) on the south side of the Gangwon-do and the 70km section of the Hongcheon-gun.

However, Article 4 of the Countermeasures against Natural Disasters Act and Article 6 (1) of the Enforcement Decree thereof provide that the development project operator shall prepare an implementation plan of the development project and obtain approval from the Minister of National Defense, and the Minister of National Defense shall make prior approval of the implementation plan prior to the approval of the implementation plan and prior consultation on the examination of factors influencing disasters.

B. On March 12, 2013, the contracting officer of the National Defense Agency of the Armed Forces and the contracting officer of the National Defense Agency of the Armed Forces who belongs to the Defendant (hereinafter “Defendant”) entered into a service contract with the Plaintiff, setting the service cost of KRW 55,550,00, and the service period from March 12, 2013 to June 11, 2013 (hereinafter “instant service contract”) to provide pre-disaster impact assessment services (hereinafter “instant service contract”).

However, according to the general terms and conditions of the instant service contract and special terms, the scope of the task, consultation and coordination with the service performance in other sectors, and the completion of the task is determined as follows.

(Scope) include preparation of books for the promotion of tasks, consultation with relevant administrative agencies, and authorization and permission tasks.

(Consultation and Coordination) In the course of this task, the responsible technicians in each sector shall hold meetings from time to time to coordinate their opinions, and in particular, consult closely with the service executing agencies in other parts and closely and systematically reflect and promote the task.

Every contractor shall provide services in other sectors separately implemented.

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