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

A. On October 31, 2016, upon receipt of a request for the purchase of B-1 from Naju City, the Defendant concluded a contract for the supply of goods as of November 17, 2016 with the Plaintiff, the contract amount of KRW 128,50,000, and the delivery period of KRW 128,50,000, and February 15, 2017.

B. By August 31, 2017, the delivery deadline extended by the Defendant, the Plaintiff did not deliver B to B, and the Defendant, on October 19, 2017, issued a disposition to restrict the participation in the tendering procedure for six months against the Plaintiff on the ground that “the Plaintiff failed to perform the contract without good cause” (hereinafter “instant disposition”).

C. On October 23, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition, but the Central Administrative Appeals Commission dismissed the said request on April 26, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 4, 7 and 8, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the bid of this case was designated by specifying the size B manufactured in C, and rejected the delivery on the ground that the Plaintiff was not a C product even though the Plaintiff intended to supply goods above the same level in quality and performance compared to the bid of this case.

Therefore, the disposition of this case is unlawful, since the plaintiff's failure to implement the contract is justified.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. First, as alleged by the Plaintiff, as to whether the Defendant designated the product as C’s product, each statement of evidence Nos. 3 and 9 is insufficient to acknowledge this, and there is no other evidence to acknowledge this.

Rather, the following facts recognized by the evidence Nos. 3 and 1 and 3, namely, that the instant bid or the specifications attached thereto does not contain the trademark or specific products of the specific company, and that the Naju-si following the conclusion of the contract, which is the Plaintiff.