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A. On January 24, 2011, the Defendant was designated as a “other public institution” pursuant to Article 5 of the Act on the Management of Public Institutions as a company with the development of electric resources for business purposes, and was changed to a “market-type public corporation” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Public Institutions Operation Act.

B. On January 24, 2013, the Plaintiff participated in the Defendant’s tender, and entered into a contract for goods supply with the Defendant on February 5, 2013, setting the contract amount of KRW 3.2 million with respect to the driving control panel, etc. (hereinafter “instant panel”).

In the course of its implementation, the Plaintiff submitted three copies of the material test report (hereinafter “instant steel market report”) which is a false document altered as shown below with respect to steel plates used for the production of the instant panel to the Defendant.

Serial No. 1 (2) The date of the contract. < Amended by Presidential Decree No. 23002, Feb. 5, 2013; Presidential Decree No. 24471, Mar. 6, 2012; Presidential Decree No. 24473, Oct. 25, 2012; Presidential Decree No. 24475, Oct. 3, 2013; Presidential Decree No. 2420, Feb. 3, 2013; Presidential Decree No. 24475, Apr. 3, 2012; Presidential Decree No. 24475, Oct. 3, 2013>

On September 24, 2014, Article 39 of the Public Institutions Operation Act; Article 15 of the former Rules on Contracts of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 375, Nov. 18, 2013; hereinafter “Rules on Contracts of Public Corporations”); Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 23801, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contracts Act”); Article 76(1) and [Attachment 2] 10(b) of the Enforcement Rule of the same Act.

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