1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person operating a gas station (hereinafter “instant gas station”) under the trade name of “B gas station” in Gangseo-gu Busan, Busan, and the Defendant is a stock company with the purpose of selling the oil.

B. On November 26, 2013, the Plaintiff entered into a petroleum product supply contract with the Defendant (hereinafter “instant contract”) and received petroleum products from the Defendant by December 9, 2013.

C. A contract related to the instant contract (hereinafter “instant contract”) was prepared, and its main contents are as follows.

Article 1 (Products, Quantity, and Price of Petroleum Products Supply Contracts)

3.The above price of the product shall be the defendant's selling price and shall be adjusted accordingly if the price changes.

Provided, That if the buyer has an objection to the price of the product, the agreement between the Parties shall apply.

4. If the price under paragraph (3) is changed between the order price of the product and the time of delivery, the price at the time of delivery shall apply.

Provided, That where it is evident that one of the parties delays the receipt or shipment of products without justifiable grounds, the price at the time of order may be applied.

Article 3 (Payment of Price) The payment shall be made in cash within one day from the date of shipment.

Article 6 (Objections)

1.In order to confirm the quantity of delivery of the product, the buyer shall examine the product in accordance with the Defendant’s Statement of Transactions and deliver a certificate of acceptance to the Defendant.

2. The buyer shall raise an objection to the quantity and quality of the delivered goods at the time of their delivery;

Provided, That an objection shall be filed within seven days after the receipt of the product, along with the sample of the relevant product and documentary evidence, with respect to any defect in the product that cannot be found at the time of delivery.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, while entering into the instant contract with the Defendant’s employees verbally, was to make a decision on the unit price by a subsequent consultation.