공사대금 등
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 company that builds, remodels, repairs, dismantles, sells a vessel, etc. with the trade name of “C”, and the Defendant is a company that engages in the construction, remodeling, repair, dismantling, and sales of the vessel.
B. On November 25, 2015, the Defendant entered into a basic transaction contract between the Plaintiff and the Defendant for construction works. From November 25, 2015 to March 31, 2016, the term of the contract between the Plaintiff and the Defendant is determined as from November 25, 2015 to March 31, 2016, and the Defendant provides the Plaintiff with facilities, materials, etc. necessary for the construction of a vessel by the Defendant, and the Plaintiff enters into a basic transaction contract between the Defendant and the Plaintiff for construction works (hereinafter “basic contract of this case”).
(2) Of the instant basic contract and the annexes thereto, the parts relating to the instant case are as follows.
Article 2 (Basic Contract and Individual Contract) ① This Basic Contract refers to B'the defendant's "the defendant".
The term “Plaintiff” is referred to as “Plaintiff.”
Unless otherwise agreed, the basic matters concerning subcontracting contracts between shipbuilding (manufacturing and processing) shall also apply to individual contracts entered into separately from this basic contract.
② Although a more detailed content than this basic contract may be entered into as an individual contract by agreement between the Parties, any content inconsistent with this basic contract or inconsistent with the Subcontract Act, the Fair Trade Act, and relevant statutes shall be null and void in principle to the extent unfavorable to the partner.
Article 3 (Issuance in Writing and Conclusion of Individual Contract) (5) The date of entrustment of an object, name, quantity, unit price, payment period, place and time of delivery, method and time of payment of the object, subcontract price and its payment method and time, and other terms and conditions of entrustment may be determined in an individual contract.
(6) Individual contracts shall be made.