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(영문) 창원지방법원통영지원 2014.05.01 2013가합177

공사대금

Text

1. Plaintiff A, Defendant C, Defendant D, Defendant D, 53,220,772 won, and each of them on October 18, 2013.

Reasons

1. Basic facts

A. From March 1, 2011, Defendant C was engaged in the vessel vessel processing business, etc. under the trade name “E”, Defendant C established the Defendant Company and appointed as the representative director on January 2, 2012.

The Defendants were awarded a contract with the Ship Blue Construction Co., Ltd. (hereinafter “Blue Construction”).

B. On March 1, 2011, Plaintiff C and the Defendant Company on January 2, 2012, and Plaintiff B concluded a subcontract on the contact volume with Defendant Company on April 2, 2012, respectively (hereinafter “instant contract”).

1. From 100% of the total unit price (hereinafter “unit price”) per unit price per unit (hereinafter “unit price”) to the Defendant E or the Defendant Company according to the Defendant contract period.

After 20% deduction, 80% of the unit price shall be converted from 80% standard to 100%, and the base value for each team shall be 35%.

2. The volume of construction work: It is marked as Plaintiff A or Plaintiff B according to the party to the contract of the Plaintiff. The volume of the construction work ordered by the Defendant shall be the volume of the construction work;

2-1 A separate settlement shall be made according to the terms and conditions of dryness in addition to the present quantities presented in the establishment of detailed quantities.

The defendant's and the owner's duty of care, loading, and preparing inspection conducted by the defendant;

4. The settlement of payments shall be completed on the basis of the completion of inspection of the construction volume ordered by the Defendant from the first day of each month to the end of each month, and the Defendant shall pay to the Plaintiff on the date of the first day of the formation of the contract,

C. Pursuant to the instant contract, the Plaintiffs: (a) performed the construction of the contact volume as shown in the column of “charter, block, and tonnage” in the attached Table 1 “S Table 1” (hereinafter “S Table 1”); and (b) received money from the Defendants from the Defendants as payment for the key construction cost or revised/additional construction cost; and (c) the ancillary construction cost.

On the other hand, as to the above construction work, the unit price prescribed in subcontracting the construction work to the Defendants (hereinafter “unit price”) shall be 35% of the amount calculated by deducting 20% from the unit price.