1. The instant lawsuit shall be dismissed.

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

1. On February 4, 2014, the Defendant publicly announced a competitive bidding (hereinafter “instant bidding”) on the “sale of scrap metal of construction works for the period of No. 1 and No. 2 of New Year No. 1 and No. 2 (hereinafter “New Year No. 1”)” by the public announcement number No. 2014-232-00.

Among the matters stated in the public notice of the tender of this case, the part related to this case shall be as follows.

3. Qualifications for participation in tender;

(a) A person who meets all of the following requirements:

1. A person who meets the qualification requirements under Article 12 of the Enforcement Decree of the Act on Contracts to which the State is a Party;

2. 아래 각호의 어느 하나에 해당하는 자 - 폐기물관리법 제25조 제5항 규정에 의한 폐기물처리업 허가를 득한 자 - 폐기물관리법 제46조 규정에 의한 폐기물처리 신고자 ☞ 영업대상 폐기물 허가(신고)사항과 우리 본부 매각품목이 일치할 것

3. A person who has a principal place of business in Chungcheongnam-do as of the date of public announcement, and whose business period is at least one year.

6. Matters concerning the invalidation of a tender;

B. The Plaintiff participated in the first, second, and third public announcements of the instant tender conducted between February 4, 2014 and March 11, 2014, where the number of participants in the tender is less than five. However, the Defendant treated each bid as invalid on the ground that the number of participants in the tender is less than five.

Around October 17, 2014, the Defendant entered into a negotiated contract with respect to the instant project, added the “contestable enterprise” to the qualification for participation in the instant project, which falls under any of the items of Article 26(1)4 of the Enforcement Decree of the Act on Contracts to Which the State is a Party.

At present, the defendant is currently proceeding to conclude a free contract with the Chungcheongnam-nam branch of the Korean Disabled Veterans Association.

[Grounds for recognition] The facts without dispute, Gap 1-3, Eul 1-6, Eul 8,9, 11, 14-16 (including branch numbers for those with virtual numbers), the purport of the whole pleadings

(1) Article 7 (1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party (including cases where a private contract may be concluded)