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(영문) 광주지방법원 목포지원 2018.06.27 2016가단5793
채무부존재확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the vessel processing service business, etc., and the Defendant is a company established for the purpose of manufacturing a residential area for the vessel (Dek House and a space where the crew live) etc.

B. The Defendant entered into each contract (hereinafter “instant contract”) with the non-party EP ship company (hereinafter “non-party company”) with respect to the production of respective parts of S 1178 Vessels, S 1183 Vessels, and S 1184 Ships (hereinafter “each of the instant vessels”) constructed by the non-party company, as indicated in [Attachment 1], with respect to all of the design fire-fighting work, posing work, etc. of the non-party company:

At the time, the defendant company and the non-party company set each contract amount on the basis of the final settlement of quantities, and when the defendant delivers each ship without completing work due to unavoidable reasons, the non-party company completely takes over the work at the site of the non-party company after delivery, and the non-party company provides maximum convenience, which is limited within the scope that does not affect the whole process in accordance with the judgment of the non-party company, and when it seriously affects the subsequent process, it shall be conducted by the off company, and it shall be settled at the on-site.

[Attachment 1] The contract amount of the fixed weight supply schedule (won S178, 14.10.3K PC 735.7.7.7.1,425,900,000 per ton of 1,90,000 won for the first ton of 15.7.7.7.1,425,900,000 won for the first ton of 1,940,000 won last.

S 183on June 12, 15.3 KPC 750 tons on October 1, 15.8 1,455,000 S 1184on June 22, 15.3 KPC 750 tons on November 1, 15.15.11,45,000,000

C. 1) On July 16, 2015, the Defendant: (a) contact with the Plaintiff with steel materials to fix electric wires in each process of a fire, sporadation, sporadation, and sporadation; (b) spodation of electric wires; and (c) spodation of electric wires.

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