1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 6, 2016, the Military Power Research Institute, as the Defendant’s affiliated organization, attached a purchase specification for Ems (Eergy Management Sypt System (hereinafter “instant Ems”) for energy storage devices, and issued a public announcement of tender (hereinafter “public announcement of tender in this case”) with the date of payment within 60 days from the date of the contract, and the delivery place’s KRW 319,70 million with the delivery place’s KRW 30,000,000,000,000,000 from the date of the contract.

(A) The provisions of subparagraph 2 of this case concerning other public notice in the public notice of this case shall be as follows:

15. Other matters for public notice.

(a) The tender participants shall be deemed to have been well aware of the purchase of goods (manufacture), the purchase declaration of goods (electronic), the bid declaration of goods (electronic), the draft contract, the purchase specification, the general terms and conditions of the contract (including the terms and conditions of integrity contract) prior to the tender; and thus, prior to the time of inspection and review;

B. On January 16, 2017, the Plaintiff participated in the instant public notice of tender and was selected as the instant ems supplier on December 1, 2016, and concluded a purchase standard contract with the Defendant to determine the contract amount of KRW 273,356,400, and the delivery deadline on March 16, 2017 based on the purchase specification attached to the instant ems.

(A) The instant contract is accompanied by the general terms and conditions of the purchase of goods (manufacture) contract (hereinafter “the instant purchase terms”) and among them, the provisions on cancellation or termination are as follows.

[Terms of Purchase in this case] Article 29 (Cancellation or Termination of Contract due to Reasons attributable to Contract Contractor) (1) The buyer (Defendant) may, where the other party to the contract (Plaintiff) falls under any of the following subparagraphs, notify the other party to the contract of correction in advance, and where the other party to the contract fails to correct it continuously even after the peremptory notice, cancel or terminate all or part of the contract concerned

(Sicker omitted)

1.The other party to the contract shall be the same as the other party to the contract's terms of delivery (or extended delivery periods) within the time limit for delivery.