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(영문) 창원지방법원 진주지원 2017.01.13 2015가단36910
손해배상(기)
Text

1. The payment of the subcontract price is due to the modification, additional work, and reduction of weight of the instant lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a “contractor” under Article 2(3) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) with the trade name “B,” and the Defendant is a “original contractor” under Article 2(2) of the Subcontract Act, who engages in shipbuilding, remodeling, repair, etc.

B. On May 6, 2012, the Plaintiff and the Defendant built the block assembly block between the Defendant and the Defendant consists of a studio, melting, and thought processing.

The basic contract for construction subcontracting and unit price for block assembly works entrusted to the Plaintiff was concluded from June 5, 2012 to January 31, 2013.

According to the above unit price contract, the Defendant agreed to pay to the Plaintiff the amount calculated according to the unit price agreed upon between the Plaintiff and the Defendant based on the weight of the absence of the assembled block, and to pay the subcontract price calculated according to the unit price agreed upon by the vessel work (M/H) with respect to the revised and additional work.

On February 1, 2013 and September 1, 2014, the Plaintiff concluded a unit price contract with the Defendant respectively.

C. The Plaintiff performed the assembly work of vessel block according to the basic contract and unit price contract as above.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 3 evidence (including each number; hereinafter the same shall apply), witness C's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) from February 2, 2013 in violation of Article 11 of the Subcontract Act, the Defendant forced the Plaintiff to pay KRW 77,510,709, which was unfairly reduced by KRW 5-7% compared to the year 2012; and (b) did not pay KRW 25,389,00 for services related to revised and added work; and (c) paid the subcontract price calculated by voluntarily reducing the weight of the block work completed by the Plaintiff, thereby reducing the amount.

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