1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The Plaintiff is a company that runs salt and calcium import and distribution business.

On September 6, 2018, the Dasan Regional Land Management Office under the Ministry of Land, Infrastructure and Transport (hereinafter “instant ordering office”) participated in the bidding of “Pium purchase for the same Section 2018” and entered into a contract with the instant ordering office to supply 3,200 tons of Pium 3,00 tons of Pium 3,00 tons of the supply term (hereinafter “instant contract”). On September 14, 2018, the Plaintiff supplied 10 tons of Pium 105 tons of the unit price from overseas customers (B) and then ordered the instant Pium 200 tons of the import of Pium 3,000 (164,906 won per ton) to the 160 Pium 10 tons of the import of Pium 3,000 tons of the instant contract. The Plaintiff then ordered the instant 100 Pium 100 tons of the import of Pium 105 tons of the instant contract.

The Defendant asserted that “the contract price increase ( approximately KRW 194,395 per ton) of the instant contract and requested the extension of the payment period (til December 25, 2018). On November 16, 2018, the instant order office did not constitute grounds for the adjustment of the contract price due to natural disasters, natural disasters, or raw materials prices increase, etc., which are stipulated in Article 64(5) of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 29318, Dec. 4, 2018; hereinafter “former Enforcement Decree of the State Contracts Act”). In light of the fact that it is possible to secure materials before the rapid increase of hospitalization, the contractual unit price of other agencies, etc.