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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a social welfare foundation established on February 19, 1973 for the purpose of contributing to the promotion of social welfare by providing technological education to the deceased and their children, providing scholarships, cultivating self-support ability, and improving social status. As a social welfare foundation established on February 19, 1973, the Plaintiff is running business such as technical education and support for the deceased and their children, low-income mother and child households, and the operation of import enterprises for their livelihood stability.
The Plaintiff, from around 1973, operated a 1 factory located in Daegu-gu C (hereinafter referred to as “1 factory”) from around 1973, operated a 2 factory located in Suwon-gu D (hereinafter referred to as “2 factory”) from around 1990, operated a 3 factory located in Daegu-gu E (hereinafter referred to as “3 factory”) from around 2015, and operated the above 3 factory from around 2015, issued a certificate of factory registration by the head of the relevant Gu with respect to each of the above 3 factories.
B. Pursuant to Article 9 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”), the Plaintiff obtained direct production from the Defendant on September 1, 2015 with regard to the product name “in the name of the product which is competing products only with small and medium enterprises,” the detailed product name “53102302,” and the detailed product name “spanty” (hereinafter “instant product”) as “third factory,” and “from September 1, 2015 to August 31, 2017,” and obtained direct production confirmation with regard to the product as “from March 13, 2016,” and the term of validity of direct production from March 13, 2016 to March 12, 2016.”
C. On July 13, 2017, the Plaintiff entered into a negotiated contract with the Defense Acquisition Program Administration to supply the instant product at KRW 385,895, contract price of KRW 1,457,139,520, and thereafter, on November 6, 2017, the Plaintiff entered into a contract with the said Administrator to supply the product at KRW 424,483, and the contract price of KRW 1,602,847,808.