1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person selling aggregate with the trade name of B, and the Defendant is a construction company of C construction work (hereinafter “instant construction work”).

B. In the process of purchasing aggregate necessary for the instant construction, the Defendant selected aggregate suppliers according to the method of electronic bidding, and entered into a supply contract. Paragraph 7 of the Aggregate Estimated Conditions presented by the Defendant at the time of the electronic bidding (i.e., the quantity of orders for each aggregate specification may be modified according to the annual change of the quantity of orders for each aggregate specification (hereinafter “instant contract provisions”).

C. On or around March 6, 2013, the Plaintiff was awarded a contract in the Defendant’s electronic bid for aggregate suppliers at the construction site of the instant construction site.

3. 8. A contract for the supply of aggregate (hereinafter “contract for the supply of aggregate”) with the Defendant was concluded between March 2013 and December 2013, 200 cubic meters (unit price of KRW 22,600), 6,800 cubic meters (unit price of KRW 18,500), 4,300 cubic meters (unit price of KRW 15,700 cubic meters), 15,700 cubic meters (unit price of KRW 19m), 8,900 cubic meters (unit price of KRW 12,100 cubic meters), and 4,900 cubic meters (unit price of KRW 12,100), 42,500 cubic meters (unit price of KRW 12,100).

around April 2015, the plaintiff was awarded a successful bid in the electronic bidding by the defendant's suppliers of aggregate at the construction site of this case.

4.6. The Defendant entered into a contract for the supply of aggregate (hereinafter “second contract”) with the terms and conditions that supply the following contract goods from April 1, 2015 to December 31, 2015.

(2) The unit price of 12,200 cubic meters for 39,265 cubic meters for 12,200 cubic meters for 39,265 cubic meters for 28,718 cubic meters for purchase and transportation of 28,718 cubic meters for 12,00 cubic meters for 12,741 cubic meters for 200 cubic meters for 2013)

E. The defendant was supplied with aggregate in a quantity less than the quantity of delivery stipulated in the first and second contracts.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul Nos. 1, 1.