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(영문) 서울중앙지방법원 2018.04.25 2016가합572122
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2016, the Plaintiff entered into a basic contract for construction subcontract (hereinafter “instant basic contract”) with the Defendant with regard to the field of early appointment processing, the main content of which is the following:

Defendant A (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into the following basic contracts for subcontract transactions in the field of shipbuilding (manufacturing and processing) on the basis of mutual respect and the principle of good faith.

Section 1. Article II (Basic Contracts and Individual Contracts) 1. This Framework Agreement is also applicable to an individual contract entered into separately from this Framework Agreement, unless otherwise agreed.

② Although a more detailed content than this basic contract may be entered into as an individual contract by agreement between the Parties, any content inconsistent with this basic contract or in violation of the Subcontract Act and the Fair Trade Act and the relevant Acts and subordinate statutes is, in principle, void to the extent unfavorable to B

Article 3 (Issuance in Writing and Conclusion of Individual Contract) (1) B shall issue to B documents (including electronic documents under Article 2 subparagraph 1 of the Framework Act on Electronic Documents and Transactions; hereinafter the same shall apply) stating the date of entrustment, object or content, subcontract consideration and payment method, method and time of inspection, other terms and conditions of order, etc. under Article 3 (2) of the Subcontract Act, to B before commencing work for delivery of the object B (referring to the object finally accepted by A from B under this basic contract and individual contract) and Gap and Eul shall sign it (including digital signature under Article 2 subparagraph 3 of the Digital Signature Act; hereinafter the same shall apply) or sign it.

(5) Each contract shall be the date of entrustment, name, specifications, quantity, unit price and unit price of an object.

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