1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 16, 2017, the Defendant issued a public announcement of the tender announcement (hereinafter “instant public announcement of tender”) with respect to the public prosecution D Corporation B in the Korea Rural Community Corporation branch C (hereinafter “instant construction”) via the National Electronic Procurement System.

B. On December 5, 2017, the Defendant: (a) opened the instant construction; (b) as a result of the opening of the bid, the Plaintiff and Non-Party E limited liability company (hereinafter “Non-Party E”) failed to comply with the same price below the expected price; and (c) the Defendant’s employees participated in the automatic lottery procedure using the Public Procurement Service’s program pursuant to Article 8(d) of the Public Notice of

C. As the instant construction is subject to the qualification examination, the qualification examination should first be prior to the instant construction. If the result of the qualification examination is the same, the successful bidder should be determined by lot, but the objection was raised on the ground that the drawing was made before the qualification examination.

In accordance with Article 47(1)2 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”), the Defendant accepted the objection identical to the above Paragraph (c) above, and notified the Plaintiff on December 7, 2017 that the Plaintiff will determine the highest score as the successful bidder after conducting the qualification examination on December 11, 2017. If the result of the qualification examination is identical, the Defendant notified the Plaintiff that the successful bidder will be determined by lot.

E. On February 22, 2018, the Defendant sent to the Plaintiff and the Nonparty Company a letter to the effect that “The successful bidder shall be selected by lot in the farmland bank division of the Defendant until February 11, 2018, and the successful bidder shall be determined as the successful bidder, as the comprehensive score of the results of the examination of qualification for the instant construction became two copies of the comprehensive assessment score, according to Article 47 of the Enforcement Decree of the State Contracts Act, by lot, until February 23, 2018.”

(f).