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(영문) 서울고등법원 2015.03.19 2014나2022015
물품대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. 1) On June 25, 2013, the Plaintiff, a company engaged in the sale, etc. of petroleum refining products, copper products, and ancillary products between the Plaintiff and the Defendant, and the Defendant (the “General Meeting of Price Adjustment” held on February 29, 2012 by the competent authority, and the Ministry of National Defense’s conclusion of contracts on general oil from 2013 to the Public Procurement Service in accordance with the policy decision of the Ministry of Strategy and Finance, was transferred from the Defense Acquisition Program Administration to the Public Procurement Service.

B) From June 25, 2013 to June 24, 2014, the Plaintiff entered into a contract for the supply of goods with the content that the Plaintiff shall supply 270,000 liters for the supply of goods to the respective armed forces affiliated with the Ministry of National Defense to which the Defendant belongs for KRW 1,74.14,28 million in the cost of goods (hereinafter “instant supply contract”).

(2) Under the instant supply contract, the Plaintiff concluded a contract with the Defendant on July 31, 2013, the supply price of KRW 361,299,60 on the electronic tax invoice of KRW 361,29,600 was KRW 361,29,624, but the Plaintiff reduced the amount of less than KRW 100 as the price for the goods on August 8, 2013, and claimed only KRW 361,29,600 as the price for the goods on KRW 361,29,60. As such, the Plaintiff appears to have waived its claim for the payment for the goods of less than KRW 100.

B. A. On August 31, 2013, the supply price on the electronic tax invoice of KRW 577,434,100 for the goods was KRW 577,434,104, but the Plaintiff, on September 6, 2013, filed a claim against the Defendant only KRW 577,434,10 as the purchase price for the goods of KRW 577,434,10, the Plaintiff appears to have waived its claim for the payment for the goods of KRW 100.

On July 2013, the due date for the payment of the price for the goods was August 20, 2013, and on August 2013, the due date for the payment of the price for the goods was September 13, 2013.

3) According to Article 23 of the General Conditions for the Purchase of Goods (Manufacture), with respect to the instant supply contract, the amount calculated by multiplying the unpaid amount of goods by the average loan interest rate of financial institutions at the time of the delay (the average loan interest rate of financial institutions in statistical monthly compensation of the Bank of Korea).

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