Litigation Costs borne by the Plaintiff

A. The Plaintiff is a small and medium enterprise that has completed the registration of a business entity with the trade name of “C” and has been engaged in manufacturing business, such as CCTV and access control system from February 9, 2015 to February.

B. Pursuant to Article 34(2) of the Act on Promotion of the Purchase of Products of Small and Medium Enterprises and Assistance to the Market Development (hereinafter “Market Support Act”) and Article 27(1) of the Enforcement Decree of the Market Support Act, the Defendant was entrusted by the Minister for Small and Medium Venture Businesses with the duties of checking whether a small and medium entrepreneur directly produces, cancelling direct production verification, and conducting hearings, etc., and the Plaintiff was directly produced by the Defendant on the Access Control System among the competing products among the small and medium enterprises (hereinafter “instant product”).

(c)

On October 10, 2018, the Plaintiff participated in the instant bid related to the purchase and installation of the instant product, which was publicly announced by D (hereinafter referred to as “project owner”), and was selected as a successful bidder (hereinafter referred to as “public announcement of the instant tender”; and accordingly, entered into a contract with the ordering agency for the manufacture and supply of the instant product (hereinafter referred to as “instant contract”).

The contents of the “qualification to participate in the tender” indicated in the notice of the instant tender, are as follows, and the “specification for the purchase and installation of the instant product” posted at the time of the relevant public notice (hereinafter “instant specification”) included the following [Attachment 2] re-statement.

Qualifications to participate in the tender of this case

(a) A person who has completed the registration of a bidder of an electronic procurement system in the National Integrated Electronic Procurement System of the Public Procurement Service;

(b) A person who meets the requirements under Article 12 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 14 of the Enforcement Rule of the same Act;

(c) Article 27 of the Act on Contracts to which the State is a Party (tender by improper businessman);