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(영문) 창원지방법원통영지원 2014.05.01 2013가합412
공사대금
Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 34,147,416, and each of them on March 7, 2013.

Reasons

1. Basic facts

A. From March 1, 2011, Defendant B established Defendant C Co., Ltd. (hereinafter “Defendant”) and took office as the representative director on January 2, 2012 while carrying out vessel processing business, etc. under the trade name “D”.

The Defendants were awarded a contract with the Ship Blue Construction Co., Ltd. (hereinafter “Blue Construction”).

B. On March 2011, the Plaintiff entered into a subcontract with Defendant B and the Defendant Company with the following terms and conditions (hereinafter “instant contract”) with the trade name of “E” as a subcontractor for the production volume of the vessel block works from the Defendants, and around January 2012, the Plaintiff entered into the subcontract with each of the following terms and conditions.

1. From 100% of the total unit price (hereinafter “unit price”) per team, 80% of the unit price per team shall be converted from 100% to 100% of the total unit price per team after deducting the Defendants 20%. 30% of the unit price per team shall be paid.

2. The volume of construction work: the quantity of construction work ordered by the Defendants shall be the quantity of construction work.

2-1 The liquidation money of the Corporation performed by the Defendants after the first idea of the work performed by the Defendants in preparation for non-destructive testing conducted by the Defendants, at the time of the Defendants’ request of the head office and head office of the Corporation (the owner of the ship).

4. The settlement of payment shall be completed on the basis of the completion of the inspection of the construction quantity ordered by the Defendants from the first day of each month to the end of each month, and the Defendants shall pay to the Plaintiff on the date of payment on the basis of the rate of

C. In accordance with the instant contract, the Plaintiff performed construction works for the volume of equipment as indicated in the column of “charter, block, and tonnage” in the attached Table 1 (hereinafter “the attached Table 1”), and received the same money as indicated in the column of “C fixed amount” in the attached Table 1 from the Defendants as the work price for such construction work.

On the other hand, the unit price equivalent to 30% of the amount obtained by deducting 20% of the unit price prescribed in the subcontract for the above construction to the Defendants (hereinafter “unit price”) shall be set forth in Table 1.

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