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

A. From 2010 to 2012, the Plaintiff entered into 10 goods supply agreements with the Defendant on 25 items, such as optical equipment parts (hereinafter “instant agreement”), and subcontracted the manufacture of parts to the subcontractor, and supplied the items as stipulated in the instant agreement.

B. From August 2013, the Agency for Defense Technology and Quality Assurance verified that the test results submitted by the companies that supply goods to the Defendant were transferred to the Defendant, and that 13 of the test results submitted by the Plaintiff (hereinafter “instant test results”) were modified, which were submitted by the Plaintiff while performing the instant contract, by either A, B, and C (the Plaintiff’s subcontractor).

C. On August 4, 2015, the Defendant: (a) applied Article 27(1) of the Act on Contracts to Which the State is a Party on the ground that “a false document is altered and submitted” (hereinafter “State Contract Act”); (b) Article 76(1)8 of the Enforcement Decree of the same Act; and Article 76 [Attachment 2] subparagraph 10(b) of the Enforcement Rule of the same Act to the Plaintiff; and (c) applied Article 76 [Attachment 2] subparagraph 10(b) of the Enforcement Rule of the same Act to restrict the qualification to participate in bidding for three months from August 11, 2015 to November 10, 2015 (hereinafter “instant disposition”).

The Defendant clearly stated the reason for the instant disposition in the instant lawsuit as “the Plaintiff’s cooperator altered the instant test report and the Plaintiff submitted the instant test report to the Defendant.”

[Ground for recognition] Facts without dispute, Gap evidence No. 1 (including branch numbers, hereinafter the same shall apply), the purport of whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The part of “agent, manager, or any other employee” under the main text of Article 76(1) and Article 76(1) of the Enforcement Decree of the State Contracts Act on the existence of a disposition under Article 76(1) and (8) of the Enforcement Decree of the State Contracts Act is subject to application without delegation under Article 27