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.

Basic Facts

On June 30, 2015, the plaintiff entered into a purchase agreement with the Defense Acquisition Program Administration under the defendant and the plaintiff to manufacture and sell the 2,702 '2 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the '

At the time, the contract amount was 61,656,180 won, and the delivery date was 0.15% until December 18, 2015, and the rate of liquidated damages was 0.15%.

The plaintiff found that there was an error in the national defense standard of the emult launch ma, upper disc, lower disc, emulp disc, shock emulpulation (decination of detonating caps), and the emulpifine combination delay in the process of emulption cluster assembly.

On April 21, 2016, the Defense Acquisition Program Administration submitted a technical modification proposal concerning the standards to deal with defective parts entered into the existing order, and issued a new order according to the modified drawing.

The Defense Acquisition Program Administration did not attach evidentiary materials to the above technology modification proposal, and applied for technology modification electronically in accordance with relevant regulations, but requested supplementation several times on the ground that the mail was received, and the plaintiff filed a request for supplementation on August 9, 2016 and September 6, 2016, but received a request for supplementation for the same reason.

On October 19, 2016, the Plaintiff finally submitted a supplementary application to the Plaintiff, which was approved on October 25, 2016 after deliberation by the Agency for Defense Technology and Quality Assurance under the Defendant’s control.

The Plaintiff completed the supply from November 1, 2016 to the fourth day of the same month.

The Plaintiff recommended that the Defendant be exempted from liquidated damages for delay on the ground of the delay in the supply due to the foregoing error in standard, etc. The Defense Acquisition Program Administration, as follows, shall be exempted from KRW 647,380 equivalent to seven days from the date of submission of the final supplementary document ( October 19, 2016) to the date of approval of the proposal ( October 25, 2016), and paid the remainder 29,005,614 as liquidated damages after deducting from the price of the goods.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, and Eul 1.