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(영문) 창원지방법원마산지원 2019.11.27 2014가합925
선급금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 80,247,395 to the Defendant (Counterclaim Plaintiff) and its related amount from November 1, 2013 to November 27, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On July 7, 2008, the Plaintiff is a corporation whose purpose is the business of manufacturing hull block and shipbuilding machinery, etc., and the Defendant is a corporation established with the purpose of vessel mooring business, steel surface disposal business, vessel repair business, etc., and on November 28, 2008, the Plaintiff concluded a basic contract for construction subcontract (hereinafter “instant basic contract”) with the Defendant for the following major contents (hereinafter “instant contract”). Since January 1, 201 and April 1, 201, the Plaintiff concluded a new basic contract for construction subcontract, which is the same content as each of the instant contracts.

Article 1 (Basic Contracts and Individual Contracts) (1) of the Basic Contract for the Contract for the Contract for the Contract for the Contract, unless otherwise agreed that the terms of this Basic Contract for the Contract are the basic terms and conditions for the subcontract transaction between the defendant and the plaintiff. (3) All contracts (main documents, agreements, minutes, etc.) other than the basic contract to be entered into between the defendant and the plaintiff are individual contracts.

4) In performing this contract, the Defendant and the Plaintiff must comply with the provisions of the Fair Transactions in Subcontracting Act, the Monopoly Regulation and Fair Trade Act, and relevant laws and regulations. Article 2 (Details and Incorporation of Individual Contracts) may be notified or verbally, and an individual contract shall be established upon commencement of work through the procedures such as demotion. Article 3 (Terms and Conditions of Contracts) (1) Contracts, the scope of work, and the unit price application period correspond to “the unit price agreement.”

Article 4 (Payment and Settlement of Payments) (1) Items ordered under this Agreement shall be paid after delivery in accordance with the plaintiff's payment criteria. 2) When the plaintiff pays the amount to the defendant, he may give the plaintiff an instruction necessary for the payment of wages, materials and equipment costs, or cargo costs, and the defendant does not comply with such instruction, or delays in payment of wages, materials and equipment costs, and office costs.

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