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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running the business of manufacturing and selling B, C, etc., and the Defense Acquisition Program Administration is a government organization under the Defendant’s jurisdiction delegated by the Minister of National Defense with the duties of contract management under Article 2(1) of the Enforcement Rule of the Act on Contracts to Which the State is a Party, such as the procurement of munitions, and the Defense Acquisition Program Administration’s instructions.
B. On June 25, 2015, the Defense Acquisition Program Administration entered into an agreement with the Plaintiff to supply the Defendant with a contract amounting to KRW 518,13,015 of the contract amount by December 29, 2016, the Air Force B 350H, Air Force D 200SH, Navy D 217SH, Navy D 48SH, Army (Information Institute), Army B 7SH, ArmyB 1,267SH, Navy B 65SH, Navy B 49SH by December 29, 2015, the Defendant agreed to pay the Defendant the amount equivalent to the liquidated damages for delay by December 29, 2015, when the Plaintiff fails to complete the delivery period (hereinafter “instant agreement”).
C. On July 15, 2015, the Plaintiff submitted a quality plan (production plan, the current status of preparation for production and quality assurance) to the Defendant. According to this, the Plaintiff completed the acquisition and inspection of raw and secondary materials from July 1, 2015 to September 9, 2015, and completed the manufacture and inspection of prototypes from October 1 to 10, 2015, and then decided to perform the mass production of products from October 20, 2015.
On December 3, 2015, the Plaintiff requested the Defense Agency for Technology and Quality (hereinafter referred to as the “Defense Agency”). On December 11, 2015, the Plaintiff notified the Plaintiff on December 11, 2015 that the luminous luminous luminous color of the Amersphere is inconsistent with the specifications.
E. On December 23, 2015, the Plaintiff sent an official door to the Defense Acquisition Program Administration’s Materials Contract Team to request reduction in accordance with B raw materials specification failure because the payment period is imminent and the wearing is no longer than anything.
The Defense Acquisition Program Administration shall have the Commodities Contract Team.