1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Facts of recognition

Plaintiff

On October 19, 2017, the affiliated B unit (hereinafter referred to as the "Plaintiff") published an electronic bid notice regarding "C" through the Defense Acquisition Program Administration's Electronic Procurement System.

On October 24, 2017, the Defendant, who engages in wholesale and retail business with the trade name of “D,” submitted a tender with the bid deposit of KRW 6,683,950 (hereinafter “instant bid bond”) and the bid amount of KRW 133,679,000 (hereinafter “tender bond”) and was selected as a successful bidder on October 24, 2017.

(hereinafter referred to as “instant tender”). A principal promises to pay to the Plaintiff within 30 days without any condition, if he/she is requested to pay the amount guaranteed for the tender because he/she fails to conclude the contract after the successful bid or fails to comply with the qualification examination, such as the evasion of submission of documents, after being selected as a person subject to

In the instant bid, the Defendant submitted a letter of commitment to the payment of the bid bond, instead of being exempt from the entire bid bond pursuant to the proviso of Article 9(1) of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”), as follows:

On November 17, 2017, the Plaintiff notified the Defendant of the conclusion of this Agreement by November 24, 2017.

However, on November 23, 2017, the defendant asserted that the bid in this case was made by a person who is not qualified to participate (a retired employee) and that the contract in this case will not be concluded according to the bidding in this case.

After the Plaintiff notified the Defendant of the performance of the contract again, Article 9(3) of the State Contracts Act, Article 38(2) of the Enforcement Decree of the same Act, and Article 38(2) of the Enforcement Decree of the same Act, the Defendant demanded the Defendant to pay KRW 6,683,950 of the instant bid bond on December 14, 2017 and January 4, 2018, and finally, on January 31, 2018, the Plaintiff demanded the Defendant to pay the instant bid bond by February 14, 2018.

[Reasons for Recognition] Unsatisfy, the bid bond stated in Gap evidence 1 to 7 (Additional Number omitted).