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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 20, 2015, the Plaintiff entered into a revised contract with the Defense Acquisition Program Administration, under which the Defendant would maintain and supply two original container shooting control devices (hereinafter “instant shooting control devices”). On October 21, 2015, the Plaintiff entered into a revised contract with the Administrator of the Defense Acquisition Program Administration to the effect that the Defendant would maintain and supply two original container shooting control devices (hereinafter “instant shooting control devices”). On October 21, 2015, the Plaintiff entered into a revised contract with the effect that the quantity of original container shooting control devices subject to maintenance is one unit, the contract amount is 45,42,00 won, the delivery date is 45,42,00 won, the delivery date is 0.25%.
hereinafter referred to as "the contract of this case"
(b) The terms and conditions of the contract in connection with the instant contract are as follows: Article 7 (Supply) (2) The other party to the contract shall supply goods after undergoing an inspection conducted by a quality guarantee agency as determined by the public official in charge of the contract: Provided, That in the case of goods at the request of a public official in charge of the contract pursuant to Article 421(1) of the Defense Acquisition Program Administration Directive, an inspection may be conducted after advance payment; the other party to the contract shall replace all the goods which have failed as a result of the inspection; and where the other party to the contract refuses to replace the goods which have failed to cooperate with the inspection, the public official in charge of the contract may cancel or terminate the contract. Article 11 (Notice of Scheduled Date of Supply) (1) The other party to the contract shall notify the public official in charge of the contract and the arrears unit and the relevant head of the Gun headquarters of the scheduled date of arrival by the five working days prior to the receipt of the government-funded materials. Article 19 (4) the other party to the contract shall immediately verify the required materials and return them to the inspection officer within ten (10) days after the replacement of the items.