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1. The contract between the Plaintiff and the Defendant is based on each multiple suppliers’ contract indicated in the separate sheet of multiple suppliers’ contract.
Reasons
1. Basic facts
A. On May 201, pursuant to Article 9(4) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”), the Plaintiff was verified for direct production of “F.R.P. products and SMF products made by the Korea Federation of Small and Medium Business” with regard to “the synthetic resin made, synthetic resin made, and synthetic resin made.”
B. On September 3, 2014, the Plaintiff entered into a contract with the Public Procurement Service on the term of contract (i.e., “from September 3, 2014 to November 30, 2015”; and (ii) on the site installation map “the delivery condition”; and (iii) concluded a final modification contract (hereinafter “the instant first contract”) with a multiple supplier with respect to the supply of synthetic resin products, which are competing products, both small and medium entrepreneurs, on October 14, 2015, as indicated in attached Table 1(1). The term of contract on January 13, 2016, “from January 13, 2016 to November 30, 2017”; and (iv) concluded a contract with a multiple supplier with respect to the supply of synthetic resin products, and entered into the final modification of the content of the contract (hereinafter “the instant list”).
According to each contract of this case, the Plaintiff registered a synthetic resin production product in the National Integrated Electronic Procurement System (hereinafter referred to as the “Bater”).
C. The Plaintiff submitted the contract bond under the second contract of this case (hereinafter “the contract bond of this case”) to the Public Procurement Service after obtaining the contract bond certificate from the Financial Cooperative.
The Korea Land and Housing Corporation (hereinafter referred to as the "LH Corporation") and C Corporation (hereinafter referred to as the "C Corporation") have requested the Plaintiff to supply synthetic resin products through the national forum from February 2, 2015 to November 2016. The Plaintiff requested the supply of synthetic resin products. However, the Plaintiff’s request for supply related to restitution of unjust enrichment as indicated in attached Table 2.