1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 31, 2015, the Minister of National Defense, through the “Public Notice on Selection of General Tobacco Supply Items, 2015-7” of the Armed Forces Welfare Group 2015-7, announced a bid to supply tobacco to the marina designated by the Armed Forces Welfare Group from May 1, 2015 to April 30, 2016 (hereinafter “the tender for the year 2015”).

The Plaintiff participated in the tender in 2015. On April 17, 2015, the Minister of National Defense: (a) on April 17, 2015, the Minister of National Defense selected Dice Africa’s “KT&G” (hereinafter “KT&G”); (b) slurt’s “slurt”; (c) as a supplied product; and (d) KT&G supplied each of the above items selected during the contract period.

B. On March 26, 2016, the Minister of National Defense, through the “Public Notice on Selection of General Tobacco Supply Items” of the Armed Forces Welfare Group 2016-43 (hereinafter “Public Notice on May 1, 2016 to April 30, 2017, the Minister of National Defense publicly announced a bid to supply tobacco to the marina designated by the Armed Forces Welfare Group (hereinafter “the tender for the year 2016”).

The Plaintiff participated in the tender in 2016. On April 13, 2016, the Minister of National Defense: (a) the Minister of National Defense (hereinafter referred to as “PMI”); (b) the Minister of National Defense (hereinafter referred to as “JI”); (c) the Minister of National Defense (hereinafter referred to as “JI”) designated each of the items selected as supplied goods for the term of the contract by the KT&G, PMI, and JTI.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 7, 11, 14, 15 (if there are various numbers, including numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff's claim by the defendant 1 is seeking confirmation of invalidity against the past legal relationship, and is seeking confirmation of invalidity.