1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the court’s explanation concerning this case are as follows, except for the addition of the judgment on the Plaintiff’s argument in the trial of the court of first instance, and therefore, it is the same as the reasons for the judgment of the court of first instance under the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination (Judgment on the plaintiff's assertion in the trial)

A. 1) The Defendant Republic of Korea’s assertion 1) The Act on Contracts to Which the State is a Party in the course of verifying and testing the “instant solution” (hereinafter “State Contract Act”).

(2) According to the reasoning of the judgment below, Defendant Republic of Korea shall be liable for damages to the Plaintiff under the State Compensation Act to the Plaintiff, on the following grounds: (a) Defendant Republic of Korea shall be liable to compensate the Plaintiff for damages under the State Compensation Act, without going through such procedures, by having the Plaintiff verify and undergo a test of the “instant solution”; and (b) Defendant Republic of Korea shall be liable for damages to the Plaintiff.

B. In order to gather prior opinions and review the feasibility of the project of this case before promoting the project of this case, the defendant Republic of Korea opened a prior technical review meeting on March 2013 to examine the feasibility of the project of this case with the company that is likely to participate in the tender, to examine the technology of the system held by the company that is scheduled to participate in the tender, and to verify the compatibility with the national competition system. The plaintiff also participated in the aforementioned prior technical review meeting to participate in the project of this case and verified the systems owned by the plaintiff through the exchange of information with the defendant Republic of Korea.

However, the prior technical review meeting held by the Defendant Republic of Korea is held in the way that the companies wishing to participate in the instant tender voluntarily participate, and ② The prior technical review meeting is conducted in advance.