1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 9, 2013, the Defendant announced a public announcement for the purchase of washing machines at the Navy (total of 97 items; hereinafter “instant goods”) on May 9, 2013, and on the 16th of the same month, the Plaintiff was determined as the successful bidder and the same year.

6.3. Upon entering into a supply contract with the Defendant on July 18, 2013 (hereinafter “instant contract”), with the period of delivery fixed as KRW 67,870,000, and issued from the Plaintiff a guarantee insurance policy that guarantees the Plaintiff’s performance of the contract from the date of entering into the contract to the date of the delivery, by deeming the amount of KRW 6,787,00 equivalent to 10% of the contract amount as the contract deposit as the purchase amount.

B. After that, on July 5, 2013, the Plaintiff used approximately 40 days for the period required for the authentication of electromagnetic waves on the instant goods and the electric safety certification, etc. at least 70 days for the production after completion of the authentication and about 30 days for the period required for the production.

9. By 30.30., the time limit for delivery was requested to be extended as a condition of exemption from liquidated damages.

C. However, on July 19, 2013, on the day following the above delivery deadline, the Navy Headquarters cannot accept the cause for the Plaintiff and the Defendant to pay taxes, which does not fall under the cause of delay or suspension of the manufacture due to force majeure, such as natural disasters, or the authority awarding an order, and thus, the issue of liquidated damages was determined by a public official in charge of contracts.

After that, the Defendant, on September 6, 2013, who did not supply the instant goods, requested the Plaintiff to submit a detailed supply performance plan for prompt supply and performance of the contract, and when the Plaintiff reaches the amount equivalent to the contract deposit pursuant to Article 26(1)3 of the General Conditions for Purchasing Goods (Manufacture) (hereinafter “General Conditions for Contracts”), the instant contract shall be rescinded or terminated, and measures, such as reversion of the contract deposit to the National Treasury and sanctions against unjust enterprisers, etc. shall be taken.