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(영문) 창원지방법원통영지원 2013.09.12 2011가단11831
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,823,182 to the Plaintiff (Counterclaim Defendant) and the amount from December 6, 201 to September 12, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 21, 2011, the Defendant entered into a basic contract on the subcontract of ship block assembly works with innovative companies (the trade name was changed to Gosung Shipping Marine Co., Ltd.; hereinafter the same shall apply) around March 21, 201, and then entered into the same year.

4.1. Conclusion of an individual contract, and a subcontract for the prefabricated work of vessel block from an innovative enterprise;

B. Of the contracted vessel block works, the Defendant re-subcontracted to the Plaintiff, which operates the company “C” around May 1, 201, small-sized block and heavy-type block (a combination of small-type block with designing a small-scale block) among the contracted vessel block works.

Moreover, large-scale blocks (a large block that combines heavy-light blocks with design) were sub-subcontracted to D, but from May 29, 201, re-subcontracted part of the large-scale blocks to F who operates E, “E” and re-subcontracted the large-scale blocks.

6. From around 19.19. He re-subcontracted the whole of comparison to F.

C. However, the F, around August 23, 201, gave up the subcontracting of the large-scale portion as part of August 31, 201.

Accordingly, on August 25, 201, the defendant ordered the plaintiff to make a subcontract by adding the existing small group and the middle group to the large group.

The contract term of the said subcontract is from August 25, 2011 to August 24, 2012, and the contract unit price is calculated by deducting 5% of the progress payment that the Defendant received from an innovative company for six months from the Defendant’s share and paying the remainder to the Plaintiff (which shall be determined by mutual consultation) (which shall be six months thereafter), and all all the fees (foods, expendable goods, etc.) shall be borne by the Plaintiff.

1) From August 30, 201, the Plaintiff engaged in the work together with the comparison that was conducted by F in addition to the existing small and medium group from around August 30, 201. (2) The Plaintiff’s progress payment for the small and medium group portion in September 201 is KRW 14,195,790, and the progress payment for the small and medium group portion in KRW 3,968,532.

3) On September 201, the Plaintiff’s substitute portion portion portion portion as of September 201 indicated G (Ship Number)-622/632 (No. 5/632) only as of 622/632 of the block number of the vessel.

(ii)81,850 won ( September 1, 200) of blocks.

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