A. On August 12, 2014, the Plaintiff announced a public announcement of the tender in the “Bater”, a national integrated electronic procurement system of the Public Procurement Service, to purchase medical equipment necessary for the “project for the functional reinforcement of regional public hospitals in 2014.” The public announcement of tender in question states that “The bid bond shall be substituted by the payment notice of the electronic bid document of the Public Procurement Service pursuant to Articles 37 and 38 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”), and that “the bid bond amount equivalent to 5/100 of the bid amount shall be paid in cash to the Korean Medical Service according to the payment declaration of the bid bond in the event of a cause attributable to the National Treasury.”

B. In accordance with the public tender notice above, related companies including the Defendant participated in the bidding, and the Defendant prepared and submitted a tender for the purchase of goods, including a letter of payment of the bid bond (hereinafter “instant letter of payment”) as follows, in the process:

The 'State Contract Act'(hereinafter referred to as the 'State Contract Act'(hereinafter referred to as the 'State Contract Act') shall apply only to a person subject to exemption from a bid bond) where a contract is not concluded within a fixed period after the person is selected as a successful bidder without good cause and there is a cause to revert the bid bond to the

) I undertake to pay in cash the bid bond amounting to not less than 5% of the successful tender amount pursuant to Article 38 of the Enforcement Decree (the bid bond shall be paid in cash without delay to you, and shall also comply with the decision or request of you in any other measure due to the reasons attributable to the National Treasury.

C. On August 19, 2014, the Plaintiff opened the opening of the opening. As a result, the Plaintiff’s opening of the opening is limited to six types of medical devices, such as electric field inspector and the lower court’s separation machine and operating tent.