부당이득금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, as a stock company with the primary purpose of shipbuilding business and shipbuilding, remodeling, repair, etc. of vessels, subcontracted some of the construction works, such as the block assembly of vessels, to the subcontractor including the Plaintiff, after being awarded a contract for the manufacture of vessels from EEE-ray ocean corporation.
The Plaintiff entered into a basic transaction agreement with the Defendant on January 1, 2007 and entered into a contract for construction subcontract with the Defendant on February 28, 201, and was subcontracted to the Defendant’s intra-company subcontractor until the transaction relationship with the Defendant is terminated.
B. On January 1, 2007 and February 19, 2009, the Plaintiff entered into a basic transaction contract with the Defendant for construction subcontract (hereinafter “instant basic transaction contract”). The main contents of the instant basic transaction contract as of February 19, 2009, applicable in the instant case, are as shown in attached Table 1.
C. The Plaintiff and the Defendant concluded a separate unit price agreement for calculating the specific subcontract price. By August 31, 2009, the Plaintiff and the Defendant individually set the unit price per unit of blocks by the area of each vessel and calculated the subcontract price by the agreed unit price.
However, upon entering into a new unit price agreement on August 27, 2009, the Plaintiff and the Defendant agreed to maintain the previous unit price agreement at the weight of the block from September 1, 2009 x unit price multiplied by the productivity improvement rate set in advance by the block of a ship (hereinafter “the first unit price agreement of this case”) in a way that re-concepts the unit price agreement at the time of the first unit price agreement (hereinafter “the second unit price agreement of this case”). On December 29, 2009, the Plaintiff and the Defendant agreed to adjust only the productivity improvement rate of the block applied at the time of the first unit price agreement (hereinafter “the second unit price agreement of this case”).
The main text of the first and second unit price agreement in the instant case is as follows.