1. The Plaintiff (Counterclaim Defendant) paid 33,652,390 won to the Defendant (Counterclaim Plaintiff) and against this, from November 17, 2011 to May 21, 2012.

The main lawsuit and counterclaim are also examined.

1. Case summary

A. On September 16, 2010, the Plaintiff (hereinafter “Plaintiff”) was selected as a successful bidder for 110 items, including A, through a competitive bid for national electronic procurement. On September 20, 2010, the Plaintiff entered into a contract for purchase of goods between the Army Headquarters and the contract amount of 59,315,00 won, deposit amount of 5,931,500 won, and delivery date from September 20, 201 to January 2, 2011 (hereinafter “instant contract”). The main contents of the contract special terms are as follows.

Article 3 (Lending of Specifications and Samples)

1. Within 10 working days after concluding a contract, the Plaintiff shall apply to the standard specification division, and the sample shall be applied to the quality inspection division.

2. The plaintiff shall prepare a detailed statement of securing raw materials, a production/purchase plan, and an inspection report within seven working days for the items lent with specifications and samples, and submit them to the quality inspection division.

Article 9 (Inspection)

1. The plaintiff shall supply items consistent with the requirements such as specifications, samples, drawings, etc. and shall have passed various inspection organizations (raw materials, trial processes, completes, attachment, performance test, supply) according to the items.

Article 10 (Guarantee)

1. The Plaintiff shall guarantee the standard and quality of the goods supplied for a period of two years from the date of delivery to the same effect as the contents of the contract.

2. Where a quality inspection officer of the Army Headquarters finds that the standards and quality of the supplied goods are different from those of the terms and conditions of the contract, he/she may notify the plaintiff of such fact and request the plaintiff to repair or substitute supply of the goods, and all expenses incurred therefrom shall be borne by "B".

3. The plaintiff shall repair or substitute supply (exchange) within 60 days from the date he/she is notified of the occurrence of a defect by the quality inspection officer of the Army Headquarters, and if he/she fails to repair or substitute supply (exchange) within this period, compensation for delay shall be paid in accordance with the following formula: