(영문) 울산지방법원 2015.06.12 2014가단59896

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(영문) 울산지방법원 2015.06.12 2014가단59896

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 26, 2013, the Plaintiff entered into a contract with the Defendant to supply petroleum products with the Defendant (hereinafter “instant contract”) with the trade name of “B gas station”.

B. Under the instant contract, the Defendant supplied the Plaintiff with petroleum products equivalent to KRW 89,429,758 from November 26, 2013 to December 9, 2013, and the Plaintiff paid KRW 47,000,000 to the Defendant as the price for petroleum products.

[Ground for Recognition: Facts without dispute, entry of evidence Nos. 2, 3 and 5, purport of the whole pleadings]

2. The plaintiff's assertion and its determination

A. The allegedly asserted unit price and the unit price sold by the Defendant, which the Defendant purchased petroleum products, shall be calculated by disclosing the unit price and the unit price for sale to the Plaintiff. Since the price for petroleum products claimed by the Defendant is based on the unit price and the supplied amount of books unilaterally prepared by the Defendant, the Plaintiff’s liability to the Defendant under the instant contract cannot be deemed to exist.

B. Article 1 of the contract of this case (No. 5) of "the price of the product shall be the defendant's selling price, but the price shall be adjusted accordingly if there is any change in the price of the product: Provided, That if the buyer raises an objection to the price of the product, agreement between the parties concerned shall apply; if there is any change in the price between the order price of the product and the delivery date, the price shall apply at the time of delivery; Article 3 shall be paid in cash within one day from the date of shipment; Article 6 of the contract of this case (the buyer shall examine the product in accordance with the defendant's transaction statement in order to confirm the quantity of delivery; the purchaser's objection to the quantity and quality of the delivered product shall be raised at the time of delivery; provided, however, if there is any defect in the product not discovered at the time of delivery, he/she shall raise an objection within seven days after the acceptance, accompanied by the sample

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