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(영문) 서울고등법원 2017.01.17 2016나2048967

승낙의 의사표시

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1. All of the plaintiffs' claims extended in the appeal and the trial are dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) deleted the "preliminary entry" of the first instance court's 4, 19 to 5, and 18, 5, 4, 19 to 5, 12, and 5, 18; and (b) other than adding the judgment on the plaintiffs' arguments added in the first instance court's 2, it is the same as the entry of the reasons for the first instance court's decision; and (c) therefore, it is citing this as is in accordance

2. Determination as to the plaintiffs' assertion added in the trial of the party

A. The plaintiffs asserted that the contract of this case was concluded by accessing the defendant's homepage to the Electronic Procurement System and electronically signing the contract of this case. The defendant's Electronic Procurement System did not have any function to modify or present opinions in addition to the plaintiffs' electronic signature, and because there was no prior consultation between the plaintiffs and the defendant about the method of contract adjustment, it was impossible to choose the index adjustment method when concluding the contract.

B. In light of the overall purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 8 through 10 (including each number number), the following circumstances are comprehensively reviewed: ① contracts entered into by electronic document shall be subject to prior consultation between the person in charge, namely, the procedure to determine the specific contents of the contract, such as construction amount and construction period; ② the agreement form prepared by the defendant, including the contract form of this case, exists separately; ③ if the other party expresses his/her intent to apply price fluctuation before entering into the contract, it is possible to make separate entries in the contract; ④ In fact, the defendant expresses his/her intention to apply price fluctuation in the contract form prepared by the defendant, including the contract form.