1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff was designated as the subject of a negotiated contract by submitting the lowest estimated price in the procurement project, “heat machine, Doc, mobile type other than two items” (hereinafter “instant goods”), which was publicly announced by the Defense Acquisition Program Administration in 2012 by the Defendant, as the subject of a negotiated contract, among the absence of eligible companies.

On July 12, 2012, the Plaintiff entered into the instant goods purchase contract (hereinafter “instant contract”) with the Defendant on December 10, 2012, setting the contract amount of KRW 1,184,99,984, and the date of delivery as of December 10, 2012.

B. The standard drawings constituting the instant contract specified the engine specifications of the instant product as “production company” (hereinafter “AC1 engine”)

C. While the Plaintiff was seeking to purchase a AC1 engine necessary for the manufacture and supply of the instant goods, it was confirmed that “LISER PETPTD”, a manufacturer company of AC1 engine, provided a domestic company with the exclusive right to supply AC1 engine engines. A company was unable to supply the instant goods other than the luminous special model corporation, which had been competing with the Plaintiff in the bidding process.

On November 2012, 2012, the Plaintiff notified the Defense Acquisition Program Administration, and tried to substitute AC1 engine with another engine. However, upon receipt of a request from the Defense Acquisition Program Administration to undergo technical change procedures, the Plaintiff notified that the instant goods cannot be manufactured or supplied, and indicated the cancellation of the instant contract.

On March 27, 2013, the Defense Acquisition Program Administration rescinded the instant contract on this ground, and around that time, the declaration of intention to cancel was delivered to the Plaintiff.

On the other hand, at the time of entering into the instant contract, the Plaintiff was issued a contract guarantee that sets the contract deposit amount of KRW 118,49,99,998 with respect to the instant contract by the capital goods mutual aid association and submitted it to the Defense Acquisition Program Administration. Upon the request of the Defense Acquisition Program Administration, the Plaintiff was newly issued a contract guarantee that increased the contract deposit amount of KRW 236,99,996.