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(영문) 광주지방법원목포지원 2017.08.31 2016가합11290
손해배상(기)
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 30, 2014, Plaintiff A engaged in the manufacturing business of steel structures necessary for the building of vessels under the trade name of “C”, and closed the business on September 30, 2014, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) established and operated the same business.

B. On January 23, 2014, and October 1, 2014, and January 1, 2015, Plaintiff A entered into the instant basic subcontract agreement with the Defendant (hereinafter “the instant basic contract”). Unless there is a separate agreement between Plaintiff A (the Defendant; hereinafter the same shall apply) and Plaintiff (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply), the said basic contract is applicable to each individual contract.

(2) In the event of a conflict between a basic contract and the terms of an individual contract by supplementing matters not stipulated in a basic contract, an individual contract shall have the preferential effect on an individual contract.

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

Article 4 (Establishment of Individual Contract) (1) An individual contract shall be concluded upon delivery by A of a written order stating the details of Article 3 and acceptance by B.

Plaintiff

A is the content of the subcontract basic contract that the Plaintiff Company entered into with the Defendant on January 23, 2014, and October 1, 2014.

Plaintiff

On January 1, 2015, the basic contract between the company and the defendant was also the same as the main contract, but the location of the provisions was changed.

C. On January 23, 2014, Plaintiff A entered into a basic contract with the Defendant on October 1, 2014, and the Plaintiff Company entered into a separate agreement relating to “the conclusion of individual construction contracts” (hereinafter “each separate agreement in this case”) and paid the FAOR.

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