1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 17, 2013, the Plaintiff entered into a contract on the purchase of goods between the Defendant-managed Defense Acquisition Program Administration and “Items 8, other than Lithium batteries”) by setting the contract amount of KRW 6,729,90,000, and the date of delivery from August 30, 2013 to March 28, 2014.

(hereinafter “instant contract”). (b)

From October 31, 2013 to March 28, 2014, the Plaintiff supplied goods under the instant contract to April 29, 2014. The Defendant paid the Plaintiff totaling KRW 5,870,165,960 as the price for the said goods.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number if there are several numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the plaintiff supplied all the goods under the contract of this case, barring special circumstances, the defendant is obligated to pay the unpaid amount of KRW 859,734,040 (the contract amount of KRW 6,729,90,000 - the price for the goods already paid 5,870,165,960) and damages for delay.

3. Judgment on the defendant's assertion of offsetting damages for delay

A. The Plaintiff’s claim for liquidated damages is the fact that the Plaintiff delayed the delivery of the goods by delay more than the delivery period stipulated in the instant contract, and according to the Plaintiff’s evidence No. 1, the fact that Article 24 of the General Conditions of the instant contract provides that when the Plaintiff fails to deliver the goods within the delivery period, the liquidated damages shall be paid according to the rate of 0.15% of the contract amount per every number of days.

Therefore, barring special circumstances, the Plaintiff is obligated to pay the Defendant penalty for delay arising from the date following the delivery deadline until the completion date of the delivery.

B. The party concerned that the total amount of liquidated damages calculated by applying the rate of liquidated damages (0.15%) stipulated in the instant contract to the number of delayed days and the above delayed days shall be 859,734,040 won as stated in the attached Table.