1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff was changed from D Co., Ltd. to C Co., Ltd. on July 1, 2015.

A Co., Ltd. (Succession to all rights and obligations relating to the foregoing portion of business, and completing the registration of incorporation on July 3, 2017) established with the division of “manufacture and Sale of self-owned and combat vehicles, etc.” in this section.

(A) On January 3, 2019, a company merged with I Co., Ltd. and its trade name was changed to I Co., Ltd. (hereinafter referred to as “Plaintiffs, regardless of whether the trade name was changed or before and after the merger by split.”

2) The Defense Acquisition Program Administration under the Defendant (hereinafter “Defendant”) is a state agency in charge of the affairs pertaining to the defense industry, such as the improvement of defense force, the procurement of munitions, and the fostering of the defense industry.

B. On June 25, 2015, the Defendant agreed to purchase “E and 22 items” from the Plaintiff, and concluded a purchase contract between the Plaintiff and the Plaintiff on the following terms: “41,095,000,000 won for the total goods with respect to the said items”; and the date of delivery “from July 31, 2015 to November 30, 2017” (hereinafter “instant purchase contract”).

(2) On June 15, 2017, pursuant to the instant purchase agreement, the Plaintiff supplied E-1 type (230M support equipment) to the Defendant and claimed KRW 5,03,949,064 for the amount of the goods.

3) On June 20, 2017, the Defendant paid KRW 2,671,33,560 out of the price of the said goods to the Plaintiff. The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 through 6, and the purport of the entire pleadings by the Defendant.

2. The Plaintiff seeks payment of the remainder of KRW 2,362,615,504, excluding KRW 2,671,333,949,064, which was already paid out of KRW 5,033,949,064 under the purchase agreement of this case (=5,033,949,064 - 2,671,333,560). According to the above basic facts, the Defendant, barring any special circumstance, is the content of the purchase agreement of this case.