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(영문) 울산지방법원 2019.05.30 2017가합25426
공사대금
Text

1. The Defendant’s KRW 70,183,33 of the Plaintiff and its related KRW 5% per annum from December 21, 2017 to May 30, 2019.

Reasons

1. Basic facts

A. On June 13, 2016, the Plaintiff entered into a contract (hereinafter “instant basic contract”) with the Defendant to receive a contract for the construction of connecting the structure of the ship from the Defendant’s C (hereinafter “instant site”) at the Defendant’s C (hereinafter “instant site”) and commenced the construction work by dispatching workers to the instant site.

The part relating to this case in the basic contract of this case is as follows.

Defendant A and Plaintiff B of the instant basic contract

Article 1 (Basic Principles) (1) A and B shall enter into an individual contract under this basic contract and the basic contract on an equal footing, and shall be performed in accordance with the respect for mutual interests and the principle of good faith.

Article 2 (Basic Contract and Individual Contract) (2) A more detailed content than this Basic Contract may be entered into as an individual contract by agreement between the Parties, but any content contrary to this Basic Contract or contrary to the Subcontract Act and the Fair Trade Act and relevant Acts and subordinate statutes shall be null and void in principle to the extent unfavorable to B.

Article 4 (Prohibition of Unfair Special Agreement) (1) A shall not attach terms and conditions that unfairly violate or restrict the interests of the plaintiff (hereinafter referred to as "unfair special agreement").

(2) Any of the following agreements shall be deemed an unfair special agreement:

1. An agreement that imposes upon Party A any expense incurred in demanding any matter not written in Article 3 (1);

2. An agreement that imposes expenses related to the treatment of civil petitions, industrial accidents, etc. to be borne by A;

3. An agreement that imposes expenses incurred as a result of demanding any matters not related to bidding details on Eul;

Article 7 (Determination of Subcontract Price) (3) Alteration of design or error in the process, etc. which is not anticipated at the time of concluding a contract.

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