Text
1. The judgment of the court of first instance is modified as follows.
(1) On October 22, 2010, the Plaintiff’s detailed design and details as to the Defendant.
Reasons
1. The facts below the underlying facts do not conflict between the parties, or are acknowledged as a whole with the overall purport of the pleadings set forth in Gap evidence Nos. 1, 2, 4, 7, 19, 20, 21, 22, 23, 24, 25, 106, and Eul evidence Nos. 1, 2, 4, 7, 19, 200, and 106 (including
[1] The Defendant developed the 3,500 tons' water craft "B" as a result of the deterioration of the water craft, and the basic design was made from July 2008 to June 2010.
The aquatic rescue is a towing structure of a vessel which can not move on the sea due to become a become a wrecked or a breakdown at sea, and the search for the sunken vessel is a main duty.
On October 22, 2010, the Defendant entered into a purchase contract between the Plaintiff and the Plaintiff with the name of the goods as “the next aquatic rescue (B) detailed design and construction box,” and with the total amount of manufacturing KRW 159,00,000,000, the delivery date, October 31, 2013, and with the rate of compensation for delay at 0.15% (hereinafter “instant contract”).
Of the total amount of manufacturing, detailed design amount was KRW 17,402,068,563, and building amount was KRW 141,597,931,437.
[2] The instant contract was concluded with the following documents: (a) the specifications of the contract; (b) the specifications of the calculation sheet; and (c) the general conditions of the purchase of goods (manufacture); and (d) the special conditions of the
The above general terms and conditions of goods purchase (manufacture) contract (hereinafter “instant general terms and conditions”) stipulate that the contract shall be performed as prescribed by the “contract documents” (Article 1); and the “contract documents” are composed of contracts, specifications, books of intent, calculation sheets, etc.
(3) Article 3) The aforementioned “Special Conditions for the Purchase of Goods” (hereinafter “Special Conditions for the Purchase of Goods”) provides that “contractual documents” shall consist of contract specifications, contract specifications, calculation sheets, professional engineers for shipbuilding, ship building and shipbuilding, shipbuilding investigation, contract drawings, etc. (Article 4), “Special Rules on the Management of Defense and Electric Power Generation,” “Rules on the Management of Defense Business,” “Rules on the Management of National Defense and Quality Management,” and the Defense Acquisition Program Administration.