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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the lower court acknowledged as follows: (a) according to the instant contract, the Plaintiff ought to supply integrated military support (IS) elements to the Defendant; and (b) the delivery date stipulated in the instant contract is October 31, 2013; and (c) determined as follows: (a) even if the Plaintiff delayed the supply of integrated military support (IS) elements, the Plaintiff could not impose penalty for delay on the ground of the delay
The judgment below
According to the reasoning and records, there is no error of law that affected the judgment by failing to exhaust all necessary deliberation as stated in the grounds of appeal, or by misapprehending the legal principles in violation of the content of the contract of this case and relevant statutes.
2. As to the ground of appeal No. 2, the lower court determined that, according to the instant contract, the Plaintiff could not impose penalty for delay on the Plaintiff on the ground that (a) the delivery date stipulated in the instant contract is October 31, 2013, because the production limit is not included in the subject matter of a detailed design and is not subject to delivery to the Defendant; (b) it is insufficient to recognize that the Plaintiff was in a state of complete completion to the extent that the Plaintiff was liable for delay with respect to the detailed design even after the delivery date; and (c) it is insufficient to determine that the Plaintiff could not impose penalty for delay on the Plaintiff on the ground that the delivery date of the detailed design was delayed.
The judgment below
According to the reasoning and records, the judgment of the court below did not err in the misapprehension of the bounds of the principle of free evaluation of evidence against logical and empirical rules and thereby adversely affecting the conclusion of the judgment.
3. Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.