1. The instant lawsuit shall be dismissed.

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

1. On September 19, 2016, the Public Procurement Service, an agency affiliated with the Defendant Republic of Korea, announced that the procuring entity was the Korea Customs Service as a procuring entity to purchase the “high direction container search unit 2 sets” (hereinafter “instant equipment”) of the instant equipment (hereinafter “instant bid”).

The Plaintiff, the Defendant Thai Heavy Industries (hereinafter “Defendant Thai Industries”), the Nonparty Han L&C Co., Ltd. (hereinafter “Korea S&C”) constituted a joint supply and demand organization with their respective representatives and participated in the instant bidding.

On October 9, 2016, the Public Procurement Service assessed the proposal of each joint supply and demand company, and assessed the bid price and the technical evaluation score of the proposal on October 9, 2016, and selected them as the priority bidder. On October 9, 2016, the public supply and demand company was classified as 91.102 (Order 91.102) and the plaintiff joint supply and demand company was classified as 98.6462 (Order 3).

On December 7, 2016, the Defendant Thai Heavy Industries Co., Ltd. concluded a purchase contract for the instant equipment with the Defendant Republic of Korea, and subsequently, performed the installation work of a container search machine at one set of Busan Northern Port and Incheon Port, which is the place where the instant equipment is installed, and submitted the completion report to the Korea Customs Service, which is the procuring entity, on May 3, 2018, and received the final inspection and examination by the Korea Customs Service, and completed the installation of the instant equipment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 27, 28 evidence (including all paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion that, in order to select the joint supply and demand companies for the manufacturing of the equipment of this case, if the public tender notice was cancelled several times and re-publically announced in order to select the joint supply and demand companies for the manufacturing of the equipment of this case, the defendant's assertion is made to the technology evaluation committee, which is a member of the joint supply