The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the following facts are revealed.

The plaintiff had a patent right for mega ice technology, which maintains the form of a mega cryp to the crypble by attaching the water net (me, megah) to the fryp surface with a mega cryping mechanism.

On December 30, 2010, the Defendant designated three products C 13 produced by the Plaintiff using the aforementioned patent technology as “the exemplary procurement commodities” pursuant to Article 9-2 of the former Procurement Business Act (amended by Act No. 13817, Jan. 27, 2016; hereinafter “Procurement Business Act”).

On July 30, 2012, the Defendant added 15 products C, different specifications and models, as exemplary procurement commodities, and extended the period of designation by December 24, 2013 by December 29, 2014.

(hereinafter referred to as "the product of this case") b. the plaintiff production C designated as the exemplary procurement commodities.

On June 5, 2012, the Plaintiff entered into a purchase contract (unit price contract method for a third party) under which the Plaintiff actually supplied the instant product to the relevant end-user institution within the scope of the contract price upon receipt of the Plaintiff’s demand for the supply of the instant product from each end-user institution.

The contract term was from June 5, 2012 to June 4, 2013, and thereafter was extended to December 29, 2014.

The above purchase contract includes the purport and purport of "the plaintiff faithfully implement the additional special conditions of the purchase contract (hereinafter referred to as "additional special conditions")." The specification of the product of this case includes the purport of "the excellent procurement goods (C) specifications."

C. According to the additional special conditions, the Defendant may suspend transactions in a comprehensive shopping mall for the counter-party to the contract within the scope of between one month and 12 months.