1. The instant lawsuit shall be dismissed.

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

Details of the disposition

The plaintiff is manufacturing and selling concrete products, etc. with the trade name B.

Pursuant to Article 9(4) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development Support, the Plaintiff was issued by the Korea Federation of Small and Medium Business with a certificate of direct production verification of concrete drainage channels and concrete block (hereinafter “instant goods”).

On December 29, 2015, pursuant to Article 5(1) of the Government Procurement Act and Article 7-2(1) of the Enforcement Decree of the same Act, the Plaintiff entered into a contract for the purchase of procurement commodities (hereinafter “instant contract”) with the Defendant, with regard to the instant goods as “limited competition: limited competition: volume: 36,00, contract amount: 8,926,00,000 won.”

After registering the instant goods in the national integrated shopping mall operated by the Defendant, the Plaintiff supplied the instant goods to the procuring entity upon receipt of a successful bid, etc. at the Defendant’s bid.

Article 22-3 (Urgent Suspension of Transactions) (1) In any of the following cases in connection with the performance of contractual obligations, a public official in charge of contracts may suspend transactions where the materials verifying the credibility of the contract are not submitted within one working day after notifying the other party to the contract that the transaction will be suspended, notwithstanding Article 22-2 (6):

1. Where there are evidentiary materials to presume the other party's violation of the contract (construt, quality poor, direct production, violation of country of origin, etc.) and it is anticipated that the end-user institution's damage will be incurred when the contract of this case is not urgently suspended, the contract of this case shall be fully aware of the specifications of each additional contract goods, the additional conditions of the contract with the majority supplier, the special conditions of the contract with the majority supplier, and the general conditions of the contract of this case as follows, and accordingly, the contract for