The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff is a person operating “B” to manufacture and sell products of slives, breaths, luminouss, dies, and slives, and the Defendant’s Public Procurement Service is a central administrative agency that administers the affairs related to the purchase, supply, and management of products by the Government and the affairs related to the contracts for major facilities construction contracts by the Government.

2) On June 2017, 2017, the Defendant, via the Public Procurement Service, issued a public notice of bid for the procurement of goods (hereinafter “instant bid”) by stipulating that “an enterprise registered as a manufacturing product of the instant slot (specific name No. 3016190801)” as the qualification for participation in bidding as to the following:

On July 18, 2017, the Plaintiff participated in the instant bid with the registration of manufacture on the instant slots. On July 18, 2017, the Plaintiff and the Defendant concluded a purchase agreement (a contract number C; hereinafter referred to as the “instant contract”) with respect to the instant slots (name parts), with the contract amount of KRW 2,847,00,000, and the contract period of which is between July 12, 2017 and July 12, 2020.

3) The contract of this case contains the following special terms and conditions:

3. Other matters, pursuant to Article 76 (1) (2) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, may be subject to "dispositions restricting participation of unjust enterprisers in tendering" if the following major terms and conditions of a contract are violated:

However, it shall not be excluded from the application of the following provisions where the violation of the major terms and conditions of the contract falls under the grounds for "restriction on participation of improper enterprisers in bidding" under other provisions in the statutes of the State contract.

(1) Where the Small and Medium Business Administration or the Public Procurement Service has manufactured and supplied products that are different from the contract standards without justifiable grounds. (2) Where the Small and Medium Business Administration or the Public Procurement Service supplies products without justifiable grounds, it fails to comply with the measures of recovery pursuant to Article 11 (6) of the Special Conditions for Multiple Suppliers' Contracts and Article 11 (2) of the Special Conditions for the Purchase of Goods.