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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 6 (including paper numbers), Eul evidence 1 to 22 (including paper numbers), the appraiser B’s appraisal results, and the entire purport of the pleadings.
After drying food waste with a dried machine, the Defendant generated a boiler using the dried machine as fuel, supplied the heat to a dried machine, and was promoting the development of a food garbage drieder and boiler with the structure of building food waste by supplying the said heat to a dried machine, and concluded a contract with the Plaintiff on October 13, 2016 for manufacturing and supplying food waste drieder (including value added tax) with the term of contract from October 13, 2016 to November 11, 2016, for the said project, the Defendant concluded a contract with the Plaintiff on October 13, 2016, for manufacturing and supplying food waste drieder (including value added tax).
(hereinafter referred to as the “instant contract”) B.
The general terms and conditions of the purchase (manufacture) contract, incorporated as part of the instant contract, stipulate that the other party to the contract refuses or fails to complete the supply of goods, such as the contractual specifications, within the delivery period (or the extended delivery period) under the contract, as one of the grounds for cancellation or termination of the contract
(Article XXVI(1)1 of the General Conditions)
The Defendant publicly announced the bid for the conclusion of the instant contract, and included the specifications for the production of food waste drying volume reduction devices, and included the contents of the said specifications in the content of the instant contract. The said specifications are as follows: ① the Plaintiff’s manufacturing scope in the form of building and manufacturing, ② the design, manufacturing, and manufacturing, which is the heating media circulation pipe, ③ the design, manufacturing, manufacturing, and manufacturing, ④ the manufacturing, and ⑤ the design, manufacturing, and manufacturing of a structure-emitting container; 6th design of the container board and the manufacturing process of the PLC, as the socially weak.