가. 원고는 각종 철망을 제조 및 판매하는 회사이고, 피고는 B이라는 상호로 기계장비를 개발하여 판매하는 사업을 하고 있는바, 원고는 2012. 3. 23. 피고와 사이에 철망제조장비의 자동화를 위한 ‘수로철망소�자동화장비’ 3세트의 개발용역계약(이하 ‘이 사건 계약’이라 한다)을 용역대금 240,000,000원(부가세 별도)으로 정하여 체결하였다.

B. Details of the instant contract are as follows.

1. [Purpose of this Agreement] The purpose of this Agreement is to provide for all the matters necessary for the input of development products required by Gap (Plaintiff) to develop resources of Eul (Defendant) and the supply of products such as the supply list to Gap (Defendant).

(2) Article 2 (Implementation of Contracts) B shall perform all the matters agreed upon with A, such as this Agreement, special terms and conditions of the contract, specifications of the demand, design drawings, and circuit drawings, and both A and B shall perform the terms and conditions of the contract in good faith.

(3) Article 3 (Inspection and Delivery)

1. B shall be delivered to A by July 31, 2012, one set out in the three set of the developed products specified in this Agreement.

2. The development products requested for examination are required to have a complete function so that the pure inspection period of Gap in relation thereto does not exceed 7 days by completing the self-examination of Eul.

3. If, as a result of Party A’s examination, there is any functional defect in all or any part of the developed products to be supplied by Party B, Party B shall, upon Party A’s notice, immediately revise or supplement the defect and request Party B to conduct a re-inspection within seven days following the correction or supplementation thereof.

(4) [Final Delivery Date] The criteria for the examination of Article 4(3) above shall be determined by A and presented to B in writing, such as a request letter, test procedure letter, etc. as may be presented to B, that the developed product shall function independently or in part as a normal and complete function according to these criteria.