1. The instant lawsuit shall be dismissed.

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

1. Case history

A. On May 2016, the Plaintiff entered into a contract to purchase five kinds (3D processing equipment, 3D cans system, and reverse design S/W) calls for the supply to the Defendant by no later than July 15, 2016 (hereinafter “instant contract”) by participating in the tender of the “Sapo University Industrial Technology Education Center machinery and materials purchase” ordered by the Gwangju Regional Procurement Service (hereinafter “the Government Procurement Service”).

B. By July 15, 2016, the delivery deadline, the Plaintiff failed to supply 3D printers requested by the Defendant.

Accordingly, on July 13, 2016 and July 15, 2016, the Plaintiff requested the Defendant to extend the delivery period by September 2, 2016, but the Plaintiff failed to supply 3D printer to the Defendant even if it exceeded September 2, 2016.

C. On September 20, 2016, the Defendant requested the Public Procurement Service to terminate the instant contract.

Around September 20, 2016, September 23, 2016, and September 29, 2016, the Public Procurement Service notified the Plaintiff that the instant contract will be terminated if there is no additional payment, etc. of the contract deposit. Nevertheless, the Public Procurement Service notified the Plaintiff of the termination of the instant contract on October 7, 2016, when the Plaintiff did not pay the contract deposit and did not supply the 3D franchise supply.

[Reasons for Recognition] Class A's Evidence Nos. 2, 5, 7, 8, 9, 12, 14, Eul's Evidence Nos. 1, 3, 4, 6, and 7 and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s defense prior to the merits is not a party to the instant contract, and since the instant contract was concluded between the Plaintiff and the Public Procurement Service on an equal basis, it cannot be deemed administrative disposition that the Public Procurement Service terminates the instant contract and imposed penalty for delay.

B. An administrative disposition, which is generally subject to an appeal litigation, is an act by an administrative agency’s public law, that establishes rights and obligations pursuant to the law regarding a specific matter, and gives rise to other legal effects.