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(영문) 광주지방법원목포지원 2016.12.28 2015가단9248

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 107,058,638 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2015 to August 19, 2015.

Reasons

1. On March 2, 2015, the Plaintiff entered into a vessel BLOCK contract (hereinafter “instant contract”) with the Defendant with respect to the vessel BLOCK assembly contract (hereinafter “instant contract”).

Article 1 (Subject Matter of Contract) The Defendant shall contract the following products to the Plaintiff so that the following products can be manufactured in a safe, swift and accurate manner, and the Plaintiff shall accept and faithfully perform this work:

1. Name of the plant: Manufacture of alternative assembly among hull BLOCK;

2. The scope of production, etc. shall be based on the hull BLOK manufacture schedule, MATSS SCHCHDDUE, syang and related books, as agreed separately between the Defendant and the Defendant or between the Defendant and the Defendant’s ordering company.

Article 2 (Term of Contract) This Agreement shall be from March 2, 2015 to December 31, 2015.

However, if there is no separate notice on the renewal of this contract not later than one month before the expiration of the contract term, it shall be deemed to have been extended for one year from the following day after the expiration date of this contract.

Article 13 (Liability for Damages) (2) If the Plaintiff fails to comply with the payment period under Article 1 subparag. 2, Article 1 subparag. 2, the Plaintiff shall compensate for the amount equivalent to 3/100 of the contract price per day for the delayed days and the amount of the pertinent fair damage calculated by the Defendant from the progress payment for the construction work.

(3) Where the delay in the payment period of the plaintiff causes enormous trouble to the defendant's fairness, the defendant may separately claim against the plaintiff for compensation for delay in addition to the compensation for delay under paragraph (2).

Article 15 (Termination of Contract) In the following cases even during the duration of the contract, the defendant may terminate this contract by requesting the plaintiff to terminate the contract at least one month prior to the expiration of the contract, and if the contract is terminated due to the circumstances of the plaintiff, the defendant shall notify the defendant one month prior to the expiration

1. Where the plaintiff is subject to a disposition of revocation of license or registration or suspension of business, etc. from the competent administrative agency;

2. The plaintiff is found to have failed to perform its obligations under this contract or to have no ability to continue to perform this contract.