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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The Plaintiff entered into the instant contract between the Plaintiff and the Defendant. The Defense Acquisition Program Administration (hereinafter referred to as the “Defendant”) established for the purpose of the electronic integrated circuit manufacturing business, the industry of weapons, and the industry of guns, etc. The Defendant’s Defense Acquisition Program Administration (hereinafter referred to as the “Defendant”) conducted competitive bidding and re-tender bidding for the manufacture and supply of items 115 (hereinafter referred to as “the parts of the instant case”) on September 24, 2014, the bidders were to receive supply of the parts of the instant case in the form of a negotiated contract between the Plaintiff on September 24, 2014 as the contract price of KRW 2,399,00,000,000, and the date of delivery is 859,843,564 (the budget execution parts of the pertinent fiscal year) until December 19, 2014; the entire contract price of KRW 1,539,156,436 (the next fiscal year) shall be 300,900,905,3000.
The relevant provisions of the General Conditions for Goods Purchase (Manufacture), Contracts (hereinafter referred to as the “General Conditions”) and the Special Conditions for Goods Purchase Contract (hereinafter referred to as the “Special Conditions”) are as shown in the attached Form.
On May 12, 2015, the Defendant: (a) delayed the payment period for part of the instant part of the instant part; and (b) accordingly, it is anticipated that the penalty for delay will exceed the contract deposit on June 24, 2015, before June 30, 2015, prior to the payment period for the State bond item, as the Plaintiff delayed the payment period for part of the instant part of the instant part; and (c) accordingly, it appears that the penalty for delay will exceed the contract deposit; and (d) thus, if the Defendant wishes to maintain the contract, he/she sent a written public notice to request the extension of the contract guarantee period through
The plaintiff is a contract bond to maintain the contract.