1. The intermediate confirmation of this case shall be dismissed.

2. The plaintiff's main claim is dismissed.

3. The costs of lawsuit shall be the principal lawsuit.

1. Basic facts

A. On August 21, 2009, a public procurement agency affiliated with the Republic of Korea announced a bid for "the purchase of chloasium (import acid)" (hereinafter "the bid of this case") with the content of a bid to enter into a purchase contract for Pium 54,000 tons of calcium (import acid) (hereinafter "the purchase contract of this case") with a notice of August 21, 2009, and the Plaintiff also announced the bid of calcium 54,000 tons (hereinafter "the bid of this case").

9. Contract amount of 11 billion won, 43 billion won, participating in the instant tender.

B. The Public Procurement Service, in the instant bid, exempted the tender participants from the payment of the bid bond and required them to submit a written request for the payment of the bid bond. Accordingly, the Plaintiff submitted the “written request for the payment of the bid bond” with the bid document stating that “The Plaintiff failed to conclude the instant purchase contract within the time limit after the Plaintiff was selected as the successful bidder, and the cause attributable to the National Treasury arises, to pay an amount equivalent to at least 5% of the successful bid price as the bid bond.”

C. The Plaintiff was selected as a successful bidder in the instant bidding, and on September 11, 2009, the Public Procurement Service notified the Plaintiff of the intent to conclude the instant purchase contract, and notified the Plaintiff of the payment of the contract bond of at least 1.14,300,000 won or the contract bond equivalent to the above amount to the Public Procurement Service by the 18th of the same month.

On September 18, 2009, the Public Procurement Service notified the Plaintiff of the urge to conclude the instant purchase contract, and thus, the conclusion of the instant purchase contract is delayed due to the Plaintiff’s failure to submit the contract bond. As such, the Public Procurement Service demanded the Public Procurement Service to submit the contract bond or contract guarantee by September 21, 2009, which is the last deadline, and notified that if the contract is not complied with by the above deadline, it will take measures such as restricting the improper businessman’s participation in bidding and reverting bid bond (at least 5/100 of the contract amount) to the National Treasury.

E. However, until the plaintiff's final time limit, the contract bond shall be paid to the Public Procurement Service.