도급대금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Hyundai iron Co., Ltd. (hereinafter “Modern steel Co., Ltd.”) entered into a contract with the U.S. local subsidiary to purchase container scrap, etc. on the condition of the arrival of the modern steel plant. Accordingly, the Defendant entered into a contract with the Defendant to perform the duty of loading, unloading, storing, transporting, etc. of the container scrap, etc. (hereinafter “instant transportation duty”).
B. On November 1, 2015, the Defendant: (a) the term of the contract for the instant transportation business with the ethyl Co., Ltd. ( Daegu District Court Decision 2015 Gohap10088, the rehabilitation procedure was commenced on April 28, 2015 and the decision to commence rehabilitation to appoint A as a custodian was rendered; (b) hereinafter “Plaintiff” was not distinguished before and after the rehabilitation decision was rendered; and (c) the contractual unit price shall be 28,700 metric tons; and (d) the contractual unit price shall be 20,000 metrics and the monthly average quantity is 6 months or more; and (e) the contractual unit price applicable to the instant transportation business shall be determined by re-consultation with respect to the agreed unit price applicable after six months.
The term “instant subcontract agreement” (hereinafter “instant subcontract”). (c) On November 1, 2015, the Plaintiff entered into a subcontract with Hanjin Co., Ltd. (hereinafter “ Hanjin”) with respect to the instant transport business by determining the contractual unit price as “26,500 won/metric tons” and entered into the same re-subcontract (hereinafter “instant re-subcontract”).
On the other hand, in around 2015, Modern steel and Han Jin prepared a written agreement that if the plaintiff could not pay the re-subcontract to Hanjin due to the occurrence of special reasons, the modern steel will pay the price to Hanjin on behalf of the plaintiff.
E. On September 1, 2016, Hanjin sent to the Plaintiff an official document to terminate the re-subcontract of this case as of September 30, 2016.