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(영문) 창원지방법원진주지원 2014.04.30 2012가합1521
손해배상(기)
Text

1. The Defendant’s KRW 219,271,946 to the Plaintiffs, as well as 5% per annum from July 26, 2012 to April 30, 2014.

Reasons

1. Basic facts

A. The plaintiffs are individual entrepreneurs who jointly engage in the shipbuilding block manufacturing business, etc. under the trade name of "C" or "D," and the plaintiffs Gap was entrusted with the manufacture of vessel block assembly from the defendant under each trade name of "C" and "D," but the plaintiffs are co-owners of each of the above companies, and there is no dispute between the parties.

The defendant is a corporation whose main purpose is to build, remodel, repair, etc. ships.

B. On April 1, 2008, the Plaintiffs entered into a basic transaction agreement with the Defendant on the construction of the block assembly of vessels under construction with the Defendant, as follows.

Article 1 (Basic Principles) (2) The Defendant and the Plaintiffs shall comply with the provisions of the Act on Fair Transactions in Subcontracting, the Monopoly Regulation and Fair Trade Act, and relevant Acts and subordinate statutes in implementing the basic contracts.

Article 2 (Basic Contract and Individual Contract) (1) This Basic Contract (hereinafter referred to as the “Basic Contract”) shall apply to each individual contract (hereinafter referred to as “individual contract”) unless otherwise agreed to provide for the basic matters concerning subcontract transactions between the defendant and the plaintiffs, and in the event of a conflict between the basic contract and the content of an individual contract, the individual contract shall have the priority in relation to the basic contract.

Article 3 (Contents of Individual Contracts) (1) Each contract shall include the name of the project, details of execution, quantity, period of construction, scope of urgency, method and time of inspection, contract amount, payment terms and conditions of payment, etc.

Provided, That this provision shall not apply where the contents thereof are in a basic contract.

Article 7 (Methods of Payment for Contract Price) (1) In principle, the payment date of the subcontract price shall be determined by the Fair Transactions in Subcontracting Act within a period which is set as possible within 60 days from the date of receipt of the object.

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