1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that operates electricity and telecommunications construction business, electronic components manufacturing and wholesale and retail business, and the Defendant is a company specializing in the construction of information and communications systems of public institutions, including the Ministry of National Defense, and the non-party C organization is a friendship organization comprised of DNA members who worked in the field of information and communications of land, sea, and air force.

B. From around 2014, the Defendant made efforts to order E projects ordered by the Defense Acquisition Program Administration (hereinafter “instant project”). On September 3, 2014, F, at the time, made an agreement between G, the head of the external cooperation headquarters of the non-party organization, and G, the head of the external cooperation headquarters of the non-party organization, prepared the following main contents of the agreement (hereinafter “instant agreement”).

- The written agreement of this case - The defendant agrees to ensure the successful receipt and performance of the project of this case ordered by the non-party organization and the Defense Acquisition Program Administration as follows:

Article 3 (Contents of Cooperation)

1. The defendant shall participate as a general exercise of the project of this case.

2. The non-party organization is responsible for the business activities for the owner of the instant project and has the right to supply a quantity equivalent to 35% of the total share of the instant project (including H/W of purchase of equipment, equipment distribution S/W, and power supply support funds) from among the items specified in the terms of the quantity of the instant project after the order of the project (major manufacture selection and supply of equipment, designation of suppliers, distribution channels, etc.).

Provided, That the amount calculated by subtracting 5% of the bidding price for the relevant item from the budget amount shall be the supply amount based on the bidding rate for the relevant item.

C. Since then, the Defendant participated in the bid to select the project operator of the instant case, and received the award of the instant project in KRW 116,181,819,00 from the Defense Acquisition Program Administration.

Meanwhile, as of March 10, 2016, H, the representative of the Plaintiff, was appointed as the Defendant’s representative director on March 20, 2015 and retired from the office of representative executive director on December 31, 2016.