1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Quotation of judgment of the first instance;

1. The basic facts;

2. In the allegations by the parties, this Court refers to the relevant part of the judgment of the court of first instance, which is the same as that of the judgment of the court of first instance.

3. Determination

A. Article 12 (1) of the Act on Contracts to Which the State is a Party to the relevant provision (hereinafter “State Contract Act”) (1) The head or a contracting officer of a central government agency shall require a person who intends to conclude a contract with the State to pay the contract bond.

Provided, That in cases prescribed by Presidential Decree, all or part of a contract bond may be exempted.

(3) If the other party to a contract fails to fulfill any contractual obligation, the head or contracting officer of a central government agency shall revert the relevant contract bond to the National Treasury.

In such cases, when the payment of all or part of a contract bond is exempted under the proviso to paragraph (1), an amount equivalent to the contract bond shall revert to the National Treasury, as prescribed by Presidential Decree.

Article 51 (Reversion of Contract Bond to National Treasury) (1) The head of each central government agency or the public official in charge of contracts shall, when the other party to the contract fails to perform his contractual obligations without justifiable grounds, revert to the National Treasury the contract bond (including the amount guaranteed under Article 52 (1) 2 and 3; hereinafter the same shall apply) under Article 50 to the National Treasury under Article 12 (3)

In such cases, Article 75 (1) shall apply mutatis mutandis.

(5) Where a contract is implemented in installments pursuant to Article 22 of the Act, the contract bond corresponding to the portion for which performance has been completed out of the initial contract bond shall not be reverted to the National Treasury.

B. The provision of the State Contracts Act that provides for matters necessary for the handling of contractual affairs to be observed by the relevant public officials in a contractual relationship between the State and a private person.