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(영문) 부산지방법원 2018.04.11 2015가합49562
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The party status 1) Plaintiff A is an individual entrepreneur who operates a block manufacturing business with the trade name of “F”, and Plaintiff B Co., Ltd. (hereinafter “B”).

(C) A corporation (hereinafter referred to as “C”)

) A is a legal entity that runs the block manufacturing business. Plaintiff A is operating Plaintiff B and C (hereinafter referred to as “Plaintiff A, etc.”), referring to Plaintiff A, B, and C.

(2) Plaintiff D is an individual who runs a vessel vessel processing business, etc. under the trade name of “G.”

3) The Defendant is a corporation operating a vessel building business. B. The Defendant of a construction contract with the Defendant and H Co., Ltd. for a construction project with the Defendant and H Co., Ltd. (hereinafter “H”) on April 1, 2009

(3) On January 3, 2013, the Plaintiff and the Defendant contracted work with respect to vessel residence and engine rinking (D/Housing, F/Cing) with the terms of the cost per ton unit price. F, during shipbuilding work, was conducted by the Defendant on January 3, 2013, by taking into account the unit price contract (74,000 tons in bulk, P&30 tons in bulk in bulk, and by taking into account 8,201, in order to reduce the time required for building of block prior to the shipbuilding) and P.E (Pre-Er, in order to reduce the time required for building of block prior to the shipbuilding, up to the most efficient scope, up to 2,3 large block assembly work (up to 74,00 tons in bulk, P/E and up to 8,200 won in bulk in bulk, and up to 13,201 in bulk in P/50 in bulk and up to 13,201.30 tons in bulk in P/10.

On the other hand, on June 7, 2013, Plaintiff A and the Defendant concluded a fair trade agreement and a shared growth agreement with the purport of enhancing mutual competitiveness and pursuing shared growth by supporting the establishment of autonomous fair trade order and shared growth, and faithfully complying with subcontracting-related laws, such as the Fair Transactions in Subcontracting Act.

2. On December 1, 2013, the Plaintiff A, B, and the Defendant pursuant to the above subcontract between F and the Defendant operated by Plaintiff A.

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