1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 2013, the Defense Acquisition Program Administration, under the Defendant, assigned 7.5% out of the maximum volume of 2014 to the Plaintiff, instead of the maximum volume of 7.5% of the maximum volume of 15% from the maximum volume of 2014 to the Defendant.

B. On June 24, 2014, the Plaintiff entered into a contract for the supply of goods with the Defendant for the supply of at least KRW 1,825,786,000, which supplies at KRW 1,825,786,000, and supplied the goods to the Defendant under the said contract.

C. On April 23, 2015, the Defense Acquisition Program Administration requested the Plaintiff to submit a written approval for profit-making business of the Ministry of Patriots and Veterans Affairs on May 21, 2015, when it became known that the Plaintiff would later notify the allocation of the quantity to the free contract.

The plaintiff did not submit it. D.

On September 24, 2015, the Defense Acquisition Program Administration notified the Plaintiff that it was excluded from the allocation of the free contract volume in the year 2015, and the Defendant entered into a contract for supply of the Cululultyst Co., Ltd. and the out-of-the-door supply contract in the year 2015 through the general competitive bidding process.

E. Of the guidelines for handling negotiated contracts by the Defense Acquisition Program Administration (amended by Presidential Decree No. 281, Sept. 1, 2015; hereinafter “instant guidelines”), the main contents related to this case are as follows:

Article 2 (Definitions of Terms)

2. The term "existing organization" means an organization which has entered into a contract with the Defense Acquisition Program Administration and has actual results of normal supply in the preceding year according to the basis of a negotiated contract;

3. The term "new organization" means an organization which has no record of normal supply under a contract with the Defense Acquisition Program Administration in the preceding year according to the basis of a negotiated contract;

Article 6 (Acceptance of Request for New Negotiated Contract) (2) A written request for a free contract under paragraph (1) shall be accompanied by documents evidencing the following qualifications for the free contract:

5. Written approval for profit-making business (referring to the manufacture of goods) which occurs at the agency which permits the establishment of the organization.