1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 24, 2013, the Plaintiff entered into a “D Contract” with C and provided a total of KRW 5,168 (the contractual amount of KRW 2.825,910,640) for education equipment and office equipment.

Since then, the contract amount of 18,164,100 won has been increased, and the contract period and the term of installation have been extended.

B. On May 27, 2013, the Plaintiff entered into a contract with the Defendant for “C-D Business” (contract amounting to KRW 410,00,000; hereinafter “instant contract”) and agreed to receive training engines, etc. from the Defendant for education purposes.

C. The Defendant supplied all the contractual goods within the contract period, and the Plaintiff paid all the price to the Defendant.

C On March 18, 2015, on the ground that the Plaintiff supplied ten kinds of machinery and equipment among the contracted goods as used goods, it imposed sanctions against the illegal companies for five months subject to restrictions on the qualification to participate in the tendering procedure.

In addition, C ordered the Plaintiff to return KRW 125,802,00 to the above Class 10.

On September 22, 2015, the Plaintiff returned the above amount.

[Ground of recognition] Facts without dispute, Gap 2 through 10 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant supplied used goods to the plaintiff for the purpose of purchase, but violated the duty and undertaking of the contract of this case by supplying used goods.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to default of obligation.

(1) Return of class 10 of used goods: 125,802,00 won; (2) Loss of profit due to restriction on participation in tendering for five months; 33,366,695 won; ③ 33,366,695 won;

B. The fact that the Defendant supplied the above 10 kinds of goods to the Plaintiff as used goods is also recognized by the Defendant.

In full view of the overall purport of the arguments in the statements in Eul evidence 1, Eul evidence 3-2 and Eul evidence 4, defendant (person in charge) is used goods of 10 kinds under agreement with the plaintiff (person in charge of the plaintiff).