1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The plaintiff is a company whose business purpose is insurance agency business, etc., and the defendant is the council of occupants' representatives comprised of representatives from each Dong of the measure-won apartment (hereinafter "the apartment of this case").

Bid announcement

1. Current status of complex (1) The name of complex: The measure source apartment;

2. Details of the public announcement of tender. (1) The public announcement of tender for fire insurance and liability insurance for play facilities. (2) The insurance period: From December 9, 2015 to December 9, 2016.

(a) Fire insurance;

(b) Liability insurance for children's play facilities. (3) The method of selecting a successful bidder: The amount by competitive bidding. (8) The deadline for submitting an electronic bid: November 30, 2015: The deadline for submitting an application for participation: 18:00 on the date of opening the bids: November 30, 2015; and the date of opening the bids: 18:00 on November 30, 2015: the opening place: 10. Other matters not specified in the public tender notice; the Housing Management Operator and the Business Entities Suspension (Public Notice of the Ministry of Land, Infrastructure and Transport) shall be subject to the application of the Housing Management Operator and the Business Entities Suspension Act.

B. On November 19, 2015, the Defendant publicly announced the fire insurance of the instant apartment and the liability insurance for children’s play facilities.

(B) No. 1-2, hereinafter referred to as “instant tender”). The main contents of the notice are as follows:

C. Four fire insurance companies, including the Plaintiff, participated in the said bidding at the same lowest price of KRW 13,106,000.

Meanwhile, Article 7(4) of the Guidelines for the Selection of Housing Management Operator and Business Entities (amended by November 16, 2015; hereinafter “instant Guidelines”) that apply to the said bidding pursuant to paragraph (10) of the tender announcement provides that “If there are at least two persons who bid the lowest price in the minimum successful bid system, the successful bidder shall be determined by drawing lots.”

The defendant selected the agency A as a fire insurance company, and concluded a fire insurance contract with it.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.