1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 5, 2015, the Defense Acquisition Program Administration under the defendant issued a public notice of bidding on 79,841 punishment in Dong, and the plaintiff participated in the above bidding on August 12, 2015, and the plaintiff was selected as a qualified successful bidder as a result of opening the bid and qualification examination.

Accordingly, on September 2, 2015, the Plaintiff entered into a purchase contract with the Defendant (hereinafter “instant contract”) with the content that the Plaintiff would manufacture 79,841 punishment in the Dong (hereinafter “instant Dong”) and supply it to the Defendant, and the main contents thereof are as follows.

(O) The name of the goods: The rate of liquidated damages for delay of 2,606,010,240 won: 0.15% for the issuance of O and the number of the goods supplied at the same time: The provisions concerning liquidated damages for delay, incorporated into the purchase (general terms and conditions of the purchase) by the Ministry of Strategy and Finance, which are the details of the contract in this case, on November 23, 2016, December 23, 2016, 2016, respectively, shall be as follows:

Article 26 (Compensation for Delay) (1) The head of each central government agency or the public official in charge of contracts shall, without justifiable grounds, have the other party to the contract who has delayed performing the contract pay the compensation for delay.

(2) The amount and method of paying liquidated damages under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

Article 74 (Compensation for Delay) (1) When the other party to a contract delays contractual obligations, the head or a contracting officer of a central government agency shall require the other party to a contract to pay, in cash, the amount calculated by multiplying the contract amount by the rate prescribed by Ordinance of the Ministry of Strategy and Finance and the number of delayed days, as liquidated damages

In such cases, if it is deemed that the performance of a contract has been delayed due to a cause not attributable to the other party.