The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the following facts are revealed.

원고는 2014. 8. 12. 피고와 사이에 상업용 곰솥 또는 국솥에 대하여 계약기간을 2014. 8. 12.부터 2016. 6. 30.까지로 하는 다수공급자계약을 체결하였다.

A majority supplier contract is a supply contract in the form of which the defendant concludes two or more parties to the contract so that each procuring entity can choose commodities in common with the same or similar kind of quality performance or efficiency in accordance with the Public Procurement Act (hereinafter referred to as the "Public Procurement Act").

On February 22, 2017, the Plaintiff and the Defendant concluded a contract with multiple suppliers with regard to the same goods from July 1, 2016 to June 30, 2019.

Each contract includes the purport that “the Plaintiff shall faithfully implement the special conditions under the contract with multiple suppliers (hereinafter “the special conditions of this case”).”

나. 원고는 이 사건 각 다수공급자계약에 따라 조달청장이 운영하는 국가종합전자조달시스템인 나라장터 종합쇼핑몰에 상업용 곰솥 또는 국솥을 등록한 후 수요기관의 납품요구에 따라 이를 납품하여 왔다.

C. According to Article 22-2(1) Subparagraph 8 of the Special Conditions in the instant case, the Defendant, “in the event of defective construction or improper conduct in the performance of a contract, or of unlawful conduct,” may suspend transactions on the part of the other party to the contract in a national master shopping mall for a period from one month to twenty-four months.

On May 29, 2017, the Defendant confirmed on August 12, 2014 that the Plaintiff used materials different from the standard of the contract as a result of a field survey under the supply contract with multiple suppliers.

"For reasons, the transactions in the national funeral shopping mall are suspended for six months pursuant to Article 22-2 (1) 8 of the Special Conditions of this case.