1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2009, the Defendant publicly announced the bid for the sale of non-pharmaceuticals (hereinafter “instant bid”) of which bidding is submitted to the 55th engine displacement (55th engine displacement), such as 7108, in the name of the department in charge of the contract of the Defendant Busan Motor Vehicle Maintenance Team (hereinafter “instant vehicle”).

B. Paragraph 10 of the notice of the instant bidding provides that “The special conditions for the sales contract attached to the instant bidding shall be confirmed as the terms and conditions of the contract to be applied at the time of the contract, and shall be the time of the week by participating in the bidding,” and Paragraph 20(a) of Article 20 provides that “The bidder shall be deemed to have accepted the said terms and conditions in the event of the participation in the bidding on the underground and the first time by participating in our construction “general conditions for the sale of goods”.

C. Article 4 of the Special Conditions for Sales Contracts attached to the Public Notice of the instant bidding (hereinafter “Special Conditions for Sales Contracts”) provides that “If delay in performing a contract (payment, release) occurs, the purchaser shall immediately submit an application for extension of the payment deadline or extension of the shipment deadline to the maintenance team, and the maintenance team may approve it, approve it, qualified acceptance, or deny it, terminate the relevant contract regardless of the purchaser’s intent, and the purchaser shall pay the contract bond to the quantity of non-performance of the contract (amount) and Article 5 provides that “if delay occurs in the payment and release of the purchase price, the purchaser shall pay the contract bond in accordance with the rate of 2.5/1,000”.

The main contents of the general terms and conditions of the contract for the sale of goods posted by the Defendant on the Electronic Procurement System (hereinafter referred to as “instant general terms and conditions”) are as follows:

1. Article 3(1): The successful bidder refers to the "Enforcement Decree of the Act on Contracts to Which the State is a Party" of the Enforcement Decree by the date of concluding the contract.

Article 37 of the Enforcement Decree shall be governed by the provisions of Article 50.