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(영문) 서울중앙지방법원 2012.06.01 2011가합118783
물품대금
Text

1. The Defendant’s annual interest in KRW 702,766,356 and KRW 310,603,943 among the Plaintiff, from November 5, 2011 to June 1, 2012.

Reasons

1. Presumed factual basis

A. On January 19, 201, the Plaintiff entered into a contract with the Defendant on January 28, 201, under which the Defendant entered into an open bid for the “The annual unit price purchase of Samcheon and Solargs for definites for definite power plants” (hereinafter referred to as “Mafinites”), with the agreed unit price of KRW 504,00 (excluding value added tax; hereinafter the same shall apply), the estimated contract amount of KRW 2,278,584,00, and the contract period of KRW 2,278,584,000, and the contract period of KRW 1 year from January 28, 2011 to January 28, 2012 (the extension possible by the time of entering into a new contract).

(hereinafter “instant contract”). (b)

Article 7(2) of the instant contract states that “the method of applying the adjustment of the contract amount due to price fluctuation (in index adjustment)” is stipulated as “the method of applying the adjustment of the contract amount due to price fluctuation,” and relevant provisions are as follows among the general conditions of the purchase contract, which are part of the said contract, the provisions related to this case, the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter referred to as “Enforcement Rule”), the Enforcement Rule of the same Act (hereinafter referred to as “Enforcement Rule”), and the government tender contract execution standards (hereinafter

[General Conditions for Goods Purchase Contract] Article 11 (Adjustment of Contract Amount Due to Price Fluctuations) (1) The adjustment of contract amount due to price fluctuation shall be governed by Article 64 of the Enforcement Decree and Article 74 of the Enforcement Rule.

(2) In adjusting the contract amount for the same contract, the item adjustment rate and index adjustment rate shall not be applied simultaneously, and when concluding the contract, the contract shall be clearly stated in the contract so that the contract amount may be adjusted by the item adjustment rate, except where the counter-party to the contract wants the index adjustment rate.

In such cases, the method of adjusting the contract amount specified in the contract shall not be arbitrarily changed.

(3) Where the contract amount is increased under paragraph (1), the request of the other party to the contract shall be made, and the other party to the contract shall be made under Article 24.

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