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1. VRC-946K Devices Parts [the 5961-37A059191 et al.) and 17 items] concluded between the Plaintiff and the Defendant on August 10, 2016.
Reasons
1. Basic facts
A. On July 22, 2016, the Defendant entered into a purchase agreement with the Defense Acquisition Program Administration to supply VRC-946K equipment parts.
B. On August 10, 2016, the Plaintiff is the Defendant.
According to the purchase contract entered into as indicated in the subsection, the Defendant entered into a contract under which the Defendant will supply the total amount of 18 antenna parts, including 2,396,092,357 won in total, including 2,60 antenna parts (part number 50073746, hereinafter referred to as “ antenna parts”) 2,600 among the parts for the devices for the supply of VRC-946K to the Defense Acquisition Program Administration (hereinafter referred to as “instant purchase contract”).
The parts related to this case in the terms of the above purchase agreement are as follows:
If quality problems arise in the products or parts supplied by the Defendant and supplied by the Plaintiff under Article 4 (Supply and Delivery of Products/ Parts, Model Lending, Payment of Price, and Handling of Defects) of the Contracts for the Supply of VRC-946K Devices (Purchase), the Plaintiff shall resolve them at his/her own expense and shall be liable to compensate for all damages if the goods or parts supplied by the Defendant are not fulfilled.
Article 7 (Compensation for Damages) When the defendant or the plaintiff has suffered damages due to the breach of this Agreement, one responsible shall compensate the other party for the damages.
(1) The specifications of all goods shall meet the specifications, specifications and numbers specified in the contract, the drawings and specifications presented by the Defense Acquisition Program Administration, as well as the specifications of samples, under Article 12 (Standards, Samples and Drawings) of the general conditions for the purchase of goods (manufacture) contract.
Where samples are different from those presented by the Defense Acquisition Program Administration, the plaintiff shall closely identify the relevant matters and report them to the defendant, and comply with the authoritative interpretation presented by the Defense Acquisition Program Administration or inspection agency.
In principle, all goods produced by a voluntary interpretation without complying with these procedures shall be disposed of at the plaintiff's expense.
section 18 (Inspection). The subject matter of a contract shall be subject to the relevant Acts and subordinate statutes.