1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 24, 2009, the Defendant publicly announced the bid for the sale of non-pharmaceuticals (hereinafter “instant bid”) of which bidding is submitted to the 55th engine displacement (55th engine displacement), such as 7108, in the name of the department in charge of the contract of the Defendant Busan Motor Vehicle Maintenance Team (hereinafter “instant vehicle”).

B. Paragraph 10 of the tender notice of this case is "Special Conditions for the Contract: the special conditions for the sale contract attached to this tender are the contract terms to be applied at the time of the contract, so that the contract is confirmed as specific conditions for the sale contract to be applied at the time of the contract, and the bid is participated in the tender and is subject to the main time."

Paragraph (1) provides that “The bidder shall be deemed to have accepted the said conditions in the event of a participation in a tendering procedure on the top of the “general conditions for the sale of goods” of our construction work, and shall be deemed to have participated in the tendering procedure.”

C. Article 4 of the Special Conditions for Sales Contracts attached to the Public Notice of the instant bidding (hereinafter “Special Conditions for Sales Contracts”) provides that “If delay in performing a contract (payment, release) occurs, a purchaser shall immediately submit an application for the extension of the payment deadline or the extension of the shipment deadline to the maintenance team, and the maintenance team may approve it, approve it, qualified acceptance, or deny it, terminate the relevant contract regardless of the purchaser’s intent, and the purchaser shall pay the contract bond to the quantity of non-performance of the contract (amount) and the purchaser shall pay the contract bond for the amount of non-performance of the contract.” Article 5 provides that “Where delay occurs in paying the price and taking out the goods, the purchaser shall impose the penalty for delay at the rate of 2.5/1,000”.

The main contents of the general conditions of the contract for the sale of goods posted by the defendant on the Electronic Procurement System (hereinafter referred to as the "general conditions of this case") are as follows:

1. Article 3(1): The successful bidder refers to the "Enforcement Decree of the Act on Contracts to Which the State is a Party" of the Enforcement Decree by the date of concluding the contract.

The Enforcement Decree shall be as prescribed by the provisions of Article 50.