1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. Basic facts

A. On June 30, 2011, the Plaintiff announced an electronic bid for “the instant bid” (hereinafter “instant bid”) for the supply contract between the Plaintiff and the Defendant’s Intervenor. The Plaintiff’s name, size, quantity, and special terms and conditions of the exhauster, expressed through the “TRS terminal distribution specifications” (hereinafter “instant goods”) are as follows: (a) the name, size, quantity, and special terms and conditions of the exhauster, expressed by the Plaintiff through the “TRS terminal distribution specifications” (hereinafter “the instant goods”).

(i) (1) Item Quantities (open) non-high-capacity Quantities (MTP850) FTN674 320 Monobropoly, large capacity stacks (THR880i BLN-4 32 EADS 2. Special conditions:

(a) Within 15 (15) days after the contract is concluded, the successful bidder shall submit a letter of supply assurance issued from the original manufacturer or the domestic total board of the portable device operated by the plaintiff, and the contract shall be terminated at the time of failure;

(Submission of Certificates of Supply of Bagy for Survey on Quantity of Goods to be Purchasedd)

(e) The invoice supplied shall be the same product as the invoice used in TRA TR850 and TR880i, the terminal type of the TRA TRS terminal used by the Plaintiff, and domestic and foreign similar goods are not to be supplied.

(2) On July 15, 2011, the Defendant’s Intervenor (hereinafter “B”) participated in the instant tendering procedure after securing a quotation to supply the instant goods from KONEX Information and Communications Co., Ltd. (hereinafter “KONEX”) and selected as a successful bidder on July 6, 2011. On the other hand, the Defendant’s Intervenor (hereinafter “Defendant’s Intervenor”) had the second priority in the instant tendering procedure, the Defendant’s Intervenor (hereinafter “NON”), the Defendant’s second priority in the instant tendering procedure, i.e., the Plaintiff, on July 15, 2011. As to the instant goods subject to the instant tendering procedure between the Plaintiff and the Plaintiff, the contract amount was 4,813,190 won, and the contract deposit amount, 4,481, 319, 319, 3199,” and the contract period.