1. The judgment of the court of first instance is modified as follows.

On April 4, 2014, between the Plaintiff and the Defendant, it is about the stone block.

1. Basic facts

A. The Plaintiff is a company that runs the stone processing and sales business, and the Public Procurement Service, an agency affiliated with the Defendant (hereinafter “Public Procurement Service”), is a government agency that takes charge of government procurement, etc. and takes charge of tendering and contracting.

B. 1) The Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”)

Pursuant to the contract amount of KRW 5,745,818,00 between the Public Procurement Service and the Public Procurement Service on April 4, 2014, the contract amount of KRW 5,745,818,00, volume of KRW 282,40, and contract deposit of KRW 229,832,720 (hereinafter “instant contract deposit”).

() From April 4, 2014 to December 31, 2014, the term of the contract concluded a commodity supply contract with the content that the Plaintiff’s stone block is to be supplied to a procuring entity (hereinafter “instant supply contract”).

(2) In concluding the instant supply contract, the Plaintiff entered into a contract guarantee insurance contract between the Seoul Guarantee Insurance Co., Ltd. and the guaranteed amount of KRW 229,832,720, and the guarantee period from April 4, 2014 to December 31, 2014, in order to pay the instant contract deposit, and submitted it to the Public Procurement Service with the guarantee insurance certificate issued, in lieu of the payment of the contract deposit.

In the above contract guarantee insurance contract, when the Seoul Guarantee Insurance Co., Ltd. pays the guaranteed insurance to the insured Defendant, he/she shall have the right to indemnity against the Plaintiff.

3) There are general conditions for the purchase of goods (manufacture) contract, special conditions for multiple suppliers contract, etc. as attached documents to the instant supply contract. The main contents are as shown in attached Table 1. C. The nature of the instant supply contract and the procedure for its implementation are as stated in attached Table 1. The instant supply contract constitutes a multiple supplier contract under Article 5 of the Public Procurement Act (hereinafter “Public Procurement Act”) and Article 7-2 of the Enforcement Decree of the said Act.

The contract with multiple suppliers is to purchase demand commodities commonly required by each end-user institution.