1. The plaintiff's claim is dismissed.

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

Details of the disposition

Plaintiff

On April 1, 2014, the Plaintiff changed its trade name from “F” to the current trade name.

From July 31, 2007 to December 31, 2011, B (hereinafter referred to as “on-site”) used by the United States Armed Forces (hereinafter referred to as “C”) developed B (E; hereinafter referred to as “instant B”) that can be operated in D (hereinafter referred to as “D”), and around June 2012, it was confirmed that B was a research and development by the Defendant around December 20 of the same year after being determined as fit for military use by the Ministry of National Defense.

The national defense standard of the instant case was established on November 28, 2012. From the sixth forepart of the Navy to October 15, 2013, the said national defense standard was amended on March 25, 2014 by gathering opinions from the Plaintiff, the Defendant, the Agency for Defense Technology and Quality, and the Agency for Defense Development.

On September 30, 2014, the Plaintiff entered into a contract to supply the instant B-2,00 unit price of KRW 804,000, total contract amount of KRW 1,614,00,000 to the Defendant by June 19, 2015 (hereinafter “instant contract”).

The above contract is accompanied by the general conditions of the goods purchase contract and the special conditions of the goods purchase contract including the following, and the specifications number ("545-4027") of the contract is consistent with the specifications number of the above national defense specification.

(see Article 31 of the Special Conditions for the Goods Purchase Contract). Article 13 (Specifications) of the General Conditions for the Goods Purchase Contract (1) The specifications of all the goods shall meet the specifications specified in the contract, specifications number, and specifications of samples presented by the agency awarding the contract, and shall be a new product suitable for the purpose of the purchase.

(2) Where the contractual standards are not specified, goods shall conform to commercial customs, technical feasibility, purchase specifications, etc.

Article 24 (Compensation for Delay) (1) When the other party to the contract fails to deliver the goods within the delivery period stipulated in the contract, the rate of compensation for delay as stipulated in the contract shall be multiplied by the contract amount for each number of days immediately.