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(영문) 서울중앙지방법원 2016.07.08 2015가합514327
승낙의 의사표시
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The plaintiffs' preliminary claims are all dismissed.

3...

Reasons

1. Basic facts

A. On April 17, 2014, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a contract with Defendant C, and Plaintiff B Co., Ltd (hereinafter “Plaintiff B”) entered into a contract for D on January 3, 2014.

B. Article 22 of the General Conditions included in the contents of each contract shall be governed by Article 64 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”), and Article 74 of the Enforcement Rule of the same Act. Article 64(2) of the Enforcement Decree of the State Contracts Act provides that “When the contract amount is adjusted for the same contract, the item adjustment rate and index adjustment rate shall not be applied at the same time, and when the contract is concluded, 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 other party wants the index adjustment rate.”

C. On October 29, 2014, Plaintiff A filed an application for the adjustment of the contract amount with the Defendant according to the index adjustment rate on the grounds that the grounds for the adjustment of the contract amount due to price fluctuation arose, and Plaintiff B also filed an application for the adjustment of the contract amount on the same grounds as that of December 23, 2014.

On December 19, 2014, the Defendant sent to the Plaintiff A, and on December 31, 2014, to the Plaintiff B, “The contract amount adjustment due to price fluctuation should be applied according to the product adjustment rate in accordance with Article 22 of the above General Conditions, because there was no separate request at the time of the contract.”

E. On December 22, 2014, Plaintiff A requested a re-examination to the Defendant, but on February 3, 2015, the Defendant respondeded to the said Plaintiff on February 3, 2015, to the effect that the method according to the item adjustment rate should be applied based on the content of “the review practice of price fluctuation and the questionnaire to questioning.”

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 5 (including virtual numbers) and the purport of the whole pleadings.

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