1. All the claims of the plaintiff and the independent party intervenor are dismissed.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

1. Facts of recognition;

A. In around 1999, the Defendant joined C (hereinafter “C”) and subsequently retired from the said company on September 30, 201. On October 4, 2011, the Defendant engaged in wholesale and retail business of health management organization under the trade name “E” as its main issue, and thereafter operated E as the agent of C.

B. On May 6, 2013, the Guro-si Public Health Center (Dongbu Health Team) concluded the “Agreement on Goods Supply Technology Support (hereinafter “instant agreement”) with the aim of providing C with goods supply and technical support to successful bidders awarded a successful bid for the rehabilitation treatment equipment of C and the public health clinic, which is the ordering authority, for the purpose of providing C with goods supply and technical support.

C. On May 8, 2013, the Council issued an electronic bid notice for the rehabilitation treatment equipment purchase project (hereinafter “instant project”) to the manufacturer C, and limited the qualification for participation in the bid to the submission company.

On May 15, 2013, the Defendant was selected as a successful bidder as a result of an electronic bid at the Council's city with respect to the instant project.

E. Therefore, on May 20, 2013, the Defendant concluded a commodity contract with the Speaker and the five sports equipment for rehabilitation treatment (hereinafter “instant goods”) to deliver the instant goods to the Dongbu Public Health Center at the contract price of KRW 58 million (hereinafter “instant goods”).

F. The instant goods were supplied to the Dong-si Public Health Clinics around May 30, 2013.

G. Meanwhile, on May 8, 2012, the term “F”, whose representative is the Plaintiff, opened a wholesale and retail business of the Health Management Organization as a main issue.

H. C was declared bankrupt on June 10, 2013 (Seoul Central District Court 2013Hahap93), and an independent party intervenor was appointed as a trustee in bankruptcy.

【In the absence of dispute, Gap's evidence Nos. 1, 2, 4, 10 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 3, 7, 13, and oral pleadings.