1. The plaintiff's claim is dismissed.

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

Details of the disposition

In order to avoid the sunlight, snow, rain, etc. of a dead structure, the plaintiff is a structure that is maintained in a stable form for the load by giving initial strength to the studio and maintaining the strength of the string.

is a small and medium enterprise that engages in designing and manufacturing business.

Around December 2014, the Defendant publicly announced a bid for the purchase of the procurement commodities for the dead structure (a contract with multiple suppliers). The main contents of the bid are as follows: “Name: dead structure, detailed description: 10,000 square meters of dead structure, capacity to be purchased, and estimated price: 5,000,000 won in accordance with a contract with multiple suppliers (excluding value-added tax): the counter-party shall be selected according to the contract with multiple suppliers; however, the eligibility for the application for the purchase shall be limited to the manufacturer registered to participate in the bid with ten detailed number (3023170101) in accordance with the National Comprehensive Electronic Procurement System Registration Regulations.”

On December 30, 2015, the details of the designation of products subject to direct purchase of competing products and construction materials among small and medium business operators, publicly notified by the Administrator of the Small and Medium Business Administration on the Small and Medium Business Administration, as of January 1, 2016, were implemented since January 1, 2016, a dead structure (the name of the three parts: PEF dead structure, PVF dead structure, PTPP dead structure, and other dead structure) was designated as a competing product for small and medium business proprietors (hereinafter “competitive products”).

On January 2016, when a dead structure was designated as competing products as above, the Defendant issued a corrective notice of bid for the procurement commodities (multi-supplier contract) around January 201, and the main contents thereof are as follows: The name of a dead structure, the name of a specific product: PVF dead structure, the PVF dead structure, the PTS dead structure, the PTS dead structure, and the other dead structure, each of 10,000 square meters, the estimated price: 5,00,000 won: The other party to the contract shall be selected according to the contract with multiple suppliers; however, the eligibility for the application for the purchase shall be 10 PVD dead structure: 3023170101, the PVF dead structure: 3023170102, and the PETE dead structure: 100,000 won.