1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a basic local government that has jurisdiction over the Gwangju Metropolitan City Mine District, and the Plaintiff is a person who has registered his/her business with the trade name “B” on July 5, 2012 and has been engaged in domestic waste collection and transportation business since 2013.

B. On July 19, 2012, the Plaintiff and the Defendant concluded a contract on vicarious execution for the collection and transportation of domestic wastes (i.e., the Defendant publicly announced that three areas operated at a ton unit price system among the Defendant’s areas for the collection and transportation of domestic wastes be recruited by a private agency for the collection and transportation of domestic wastes (hereinafter “instant public notice”).

(2) The Plaintiff submitted a business proposal to the Defendant with respect to the business of collecting and transporting household wastes within C zones (Ddong and Edong) within the said three zones. (2) The Defendant concluded a contract with the Plaintiff for vicarious execution of collecting and transporting household wastes between January 1, 2013 and December 31, 2013, for which the contract period between the Plaintiff and the Plaintiff was concluded through the evaluation of the business proposal submitted by the Plaintiff and negotiations with the Plaintiff.

Afterward, the Plaintiff and the Defendant concluded a contract regarding the said agency contract as of December 26, 2013 with the contract term from January 1, 2014 to June 30, 2014; the contract term extended from June 6, 2014 to December 31, 2014; and the contract term extended from January 1, 2015 to December 30, 2014 to December 30, 2014.

(hereinafter “instant agency contract”). C.

The defendant enacted the Ordinance on the Establishment of the defendant's Facilities Management Corporation, and the defendant enacted the Gwangju Metropolitan City Ordinance on the Establishment and Operation of Facilities Management Corporation by Ordinance No. 1109 on October 1, 2013, the main contents of which are as follows:

(hereinafter referred to as the "Ordinance of this case"). Article 1 (Purpose) of this Ordinance is necessary for the establishment and operation of the Gwangju Metropolitan City Mine Facility Management Corporation in order to contribute to the promotion of residents' welfare by efficiently managing and operating public facilities pursuant to Article 76 of the Local Public Enterprises Act.