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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 221,145,284 and KRW 187,512,776 among them, from April 13, 2015.
Reasons
1. Basic facts
A. The status of the parties is a company with the purpose of selling petroleum refining, identical products, and subsidiary products, and Defendant A Co., Ltd. (hereinafter “A”) is a company with the purpose of special automobile transportation business, etc.
B. 1) The Plaintiff entered into a oil supply contract with the Defense Acquisition Program Administration and the Korea Railroad Corporation under the control of the Republic of Korea. Among them, the oil supply contract entered into with the Defense Acquisition Program Administration (hereinafter “instant oil supply contract”).
Article 49(7) of the Special Conditions for Contracts for Manufacturing and Purchasing Goods (hereinafter “instant provisions”).
The Plaintiff is as follows. On August 1, 2011, the Plaintiff shall, under its responsibility, submit the results of the inspection of whether oil transport vehicles have been illegally registered, the installation of illegal structures, and other matters concerning safety and the prevention of illegal outflow to the demanding group. In the event of an illegal outflow accident in the course of supplying oil, the Plaintiff shall directly compensate the Defense Acquisition Program Administration for the same kind of oil in kind within six months from the date of the final final judgment of the court, and if it is impossible to compensate for the outflow amount in kind, the Plaintiff shall pay compensation in kind in kind to the Administrator of the Defense Acquisition Program Administration for the kind of oil that can be supplied by converting the outflow amount into the monthly base price (the same kind of oil supply unit price of the other company) for the supply of oil under each oil supply contract concluded with the Defense Acquisition Program Administration and the Korea Railroad Corporation, and the Plaintiff entered into a service contract for transporting petroleum products (hereinafter “instant service contract”). The main contents are as follows:
Article 1 (Purpose) The purpose of this Agreement is to clarify the rights and obligations of the parties in providing the services prescribed in Article 3 to the Plaintiff under this Agreement, and to promote the faithful performance of the obligations of the parties by clarifying the location of responsibility resulting therefrom.