1. The instant lawsuit shall be dismissed.

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

1. Case history

A. The Plaintiff is a company that manufactures and sells traffic safety facilities.

The Plaintiff was confirmed directly from the Korea Federation of Small and Medium Business to March 13, 2018 as the term of validity from March 14, 2016 to March 13, 2018.

B. On September 28, 2017, pursuant to Article 7-2 of the Enforcement Decree of the Government Procurement Act, the Plaintiff entered into a contract with the Defendant with multiple suppliers (hereinafter “instant contract”) with the content that “the contract method: limited competition, contract amount: KRW 1,480,012,00, contract period: From September 28, 2017 to September 27, 2020,” with regard to the Virtual days.

C. The instant contract provides that “The details of the goods of an additional contract, the additional special conditions under the contract with a majority supplier, the special conditions under the contract with a majority supplier, and the general conditions under the contract for the purchase of goods (manufacture) shall be fully fully satisfied, and accordingly, promises to conclude the purchase contract for the procurement commodities and to faithfully perform them as follows, and sign and seal the instant contract.” The special conditions of the contract with a majority supplier (amended by the Notice No. 2017-121, Dec. 26, 2017; hereinafter referred to as “special conditions of the contract with a majority supplier”) are attached.

On November 1, 2017, the Defendant notified the Plaintiff that “The Plaintiff was in violation of the criteria for confirmation of direct production with respect to the subject matter of the instant contract, and thus, the Plaintiff is expected to take measures to suspend emergency transactions in a comprehensive shopping mall (hereinafter “instant emergency suspension”) where the Plaintiff failed to submit reliable counter-proof materials within one day’s working hours pursuant to Article 22-3(1)1 of the former Terms and Conditions of the Contract with Multiple Suppliers.”

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 5 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff's summary of the defendant's assertion is the emergency of this case.