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(영문) 창원지방법원 2018.10.17 2018가단4027
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 25, 2017, the Defendant determined the estimated sale price of KRW 547,00,000 (excluding value-added tax) as the estimated sale price of KRW 547,00,00, and publicly announced the general competitive bidding.

B. In the tender notice, the Defendant stated in the tender notice that “on-site explanation is not separately carried out, and it must comply with the tender after clearly ascertaining the detailed specifications of the goods sold, the contents of the goods attached thereto, and the details of the non-contents during the tender period (0.a.........). The tender participants may not raise any objection to the weight and ingredients of the goods sold, and at all times confirm the substance and ingredients, and even if the weight and ingredients of the goods sold and the goods presented by us (the Defendant) differ from those of the goods sold and the goods presented by us (10.d.........., without confirming the goods, all responsibilities for the disadvantages incurred to respond to the tender are identified (10.

C. On September 5, 2017, the Plaintiff participated in the bid and determined as a successful bidder at the highest price (excluding value added tax) (932,600,000) on September 5, 2017. On September 15, 2017, the Plaintiff entered into a contract with the Defendant to purchase the instant sold goods from the Defendant (hereinafter “instant sales contract”).

The sales contract of this case cannot raise any objection against the weight and composition per unit of the delivered goods under the general terms and conditions of the contract.

(A) The items to be taken over must be checked before the tender, and the items to be taken over shall be changed, destroyed and damaged by Party A (Defendant) in advance, even if the material for materials sale presented by Party A (Defendant) and the weight and composition of the items are different from that of the items (Article 6 Section B).

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