logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.11.19 2017가합21639
공사대금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) D Co., Ltd. (hereinafter “D before division”) before division

A) The purpose of shipbuilding, repair, sale, etc. is a company established for the purpose of shipbuilding, repair, and marketing. D prior to subdivision changed its trade name to C Co., Ltd. on June 3, 2019 during the instant lawsuit, and established the Defendant by dividing the parts of shipbuilding, special shipbuilding, offshore plant, and engine machinery business, and the Defendant succeeded to the rights and obligations of D prior to subdivision with respect to the Plaintiff, thereby taking over the status of D in the lawsuit prior to subdivision (hereinafter “Defendant” without distinguishing between D Co., Ltd and the Defendant before subdivision and the Defendant).

(2) The Plaintiff A is the subcontractor who was awarded a contract for the work of taking, melting, and thought for each block among the shipbuilding work for which the Defendant was ordered, and the Plaintiff B is the subcontractor who was awarded a contract for the work of catching the absence of a small group or the work of assembling the panel among the shipbuilding work for which the Defendant was ordered.

B. On April 2015, Plaintiff A entered into a basic contract for construction works, and Plaintiff B, around November 2015, submitted only the basic contract for construction works as of November 1, 2015 between Plaintiff B and the Defendant, but Plaintiff B seems to have been maintaining the status of the Defendant’s internal partner.

The basic contract with the Defendant entered into a construction project contract (hereinafter “instant basic contract”) with the following contents, and the instant basic contract was renewed annually.

However, as seen below, the plaintiffs and the defendant concluded an individual construction contract that separately determines the work content, construction period, and construction volume according to the construction progress situation, the above construction contract has the nature as a basic contract.

Article 1 (Application of the Basic Contract for Construction Work) This contract shall generally apply to the basic contract terms in construction work contract transactions between the principal contractor and the subcontractor, such as manufacture, processing, and repair between the principal contractor and the subcontractor.

Article 3 (Individual Contracts) (1) Other than this Agreement, the plaintiffs.

arrow