A. On December 9, 2016, the Defendant selected the Plaintiff as a successful bidder regarding Class 30 items for repair of the cooling system of the radar through a general competitive bid (hereinafter “instant contract object”) through the National Defense Electronic Procurement System. On December 19, 2016, the Defendant entered into a contract with the Plaintiff for the purchase of goods (hereinafter “instant contract object”) from December 19, 2016 to March 20, 2017, regarding the instant contract object, the contract amount of KRW 167,55,42, the contract deposit of KRW 16,75,542, and the delivery period of the goods (hereinafter “instant contract”).

After that, around December 29, 2016, the Plaintiff and the Defendant entered into a contract for revision to increase the small quantity of three of the instant contract subject matters, such as a stable, etc., and to increase the contract amount to KRW 186,921,440, and the contract deposit to KRW 18,692,144, respectively. On March 17, 2017, the Plaintiff and the Defendant concluded a contract for revision to reduce the purchase quantity of three of the instant contract subject matters, which was increased by the previous amendment contract, as the purchase quantity under the first contract, and to increase the small quantity of two of the instant contract subject matters, such as an electronic expansion valve (hereinafter “the instant contract”). On December 30, 2016, concluded a guarantee contract with the guaranteed amount to KRW 18,692,144, respectively.

B. Upon entering into the instant contract, the Plaintiff and the Defendant entered into a contract with the content of “special terms on the purchase of goods” as follows:

Except as otherwise expressly provided for in this special condition, the Act on Contracts to Which the State is a Party, the Enforcement Decree and the Enforcement Rule, the Accounting Rules (the general conditions of the purchase of goods (manufacture) contract, the purchase of goods (manufacture) contract and the purchase of goods) contract shall be effective as part of the contract.

Article 13 The Supplier shall be aware of and comply with all the matters set forth in the contract and shall be responsible to suppliers for failure to comply with it.

Article 15(1) The radar cooling system equipment shall be special equipment operated exclusively by the Gun, and the materials required for maintenance shall be equal or higher.