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(영문) 창원지방법원통영지원 2015.05.28 2013가합1002

공사대금

Text

1. Of the instant lawsuits, the claim for construction cost due to an error in the calculation of the modified and additional construction cost and the weight thereof was filed in 2011.

Reasons

1. Basic facts

A. The status of the party is a company with the main purpose of shipbuilding, remodeling, repair, etc., and the Defendant’s subcontractor entered into a basic contract for construction subcontracting with the same content as the attached Table 1 (hereinafter “instant basic contract”) while subcontracting construction work, such as the block assembly, tower, design, seal, etc. under construction by the Defendant to the subcontractor.

B. The Defendant calculated and paid the subcontract price for each vessel block x unit price for each vessel unit when he/she entrusts the subcontractor with the manufacture of the vessel block assembly, towering, design, and painting work. At the second day of each month, the Defendant prepared a unit price agreement for each vessel type and entered into an individual contract with the subcontractor on the second day of each month. In addition, the Defendant ordered the subcontractor to revise and add the subcontract price in the event of any change in design, etc. in relation to the subcontract transaction. In such case, the subcontract price was determined by the method of “number of work hours x rental rate” and the relevant subcontractor received work details, etc. from the subcontractor and determined the number of work days each month, and settled the subcontract price calculated by multiplying the unit price agreement by the rental rate and the settlement and agreement with the subcontractor.

C. On June 27, 2013, the Fair Trade Commission decided that “The defendant, including C operated by the plaintiff, shall unilaterally reduce the subcontract price by entrusting ten subcontractors with the production of the vessel block tower and design work, etc., without consultation with the subcontractor, and such act shall not be re-scheduled, and a total of 2,693,849,850 won following the decision of the subcontract price and the total of 126,107,336 won for the correction and additional work shall be paid.” 2) Accordingly, the defendant shall make the decision to the Fair Trade Commission on August 2, 2013.