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(영문) 광주지방법원순천지원 2015.07.17 2015가단72341
정산금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant announced a public announcement for the sale of defective goods (waste oil), and the Plaintiff participated in the said public tender and was awarded a successful tender.

Article 8 of the General Conditions for Sales Contracts attached to the above public notice of tender is defined as follows:

Article 8 (Adjustment of Quantity) (1) A contracting officer may increase or decrease the contract within the extent of 10% of the contract goods as necessary.

(2) In any of the following cases where measurement is conducted, or is likely to cause environmental pollution, among the contracted goods, the goods may be shipped out exceeding ten percent:

Provided, That when the amount exceeds 10%, the commodity management officer shall notify the person in charge of the sales contract and consult with the contractor (contractor).

B. The Plaintiff concluded, on January 23, 2014, a closed oil unit price contract with the Defendant regarding an express vehicle base at KRW 24,875,500, with the content that the Defendant would purchase waste oil, which is an disused good, with the Defendant; the contract amount of KRW 217,451,00 on January 23, 2014; the closed oil unit price contract concerning the office of the facilities and equipment located in Busan Daegu District; the closed oil unit price contract on the office of the facilities and equipment located in the Chungcheongbuk-do Northern District; the closed oil unit price contract on January 23, 2014; the contract amount of KRW 52,825,500 on January 24, 2014; the contract amount of KRW 52,825,500 on the closed oil unit price contract on the facilities and equipment located in the Seoul Gyeonggi-do Southern District; and the contract amount of KRW 217,450,509,500 each of the instant contracts (hereinafter collectively referred to the above closed oil contract).

The provisions pertaining to the instant case among the articles of each of the instant contracts are as follows.

12. Settlement of accounts for the actual delivery quantity; and

C. The Plaintiff paid the purchase price to the Defendant pursuant to each of the instant contracts, and accepted all waste oil stipulated in the contract.

However, the actual trading volume seems to be 642,107 liter 360,573,073.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 (including branch numbers in case of virtual numbers), and Eul evidence No. 1 (including branch numbers).

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