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(영문) 창원지방법원 통영지원 2018.02.20 2017가합10363
하도급대금 등 청구의 소
Text

1. Of the instant lawsuit, the part claiming the payment of the subcontract price due to an error in calculating the number of times and 5% additional time limit.

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the manufacturing business, the vessel repair business, etc., and the Defendant is a stock company that engages in shipbuilding, remodeling, repair, dismantling, sales business, etc.

B. On October 1, 2013, the Plaintiff entered into a contract with the Defendant to enter into a contract for a construction subcontract for the purpose of subcontracting in the shipbuilding sector (manufacturing process) with the period of contract from October 1, 2013 to March 31, 2014.

After that, on June 5, 2014, the Plaintiff entered into a basic transaction agreement for construction subcontract between June 9, 2014 and March 31, 2015; a basic transaction agreement for construction subcontract between April 1, 2015 and March 31, 2016; a basic transaction agreement for in-house construction subcontract between April 1, 2015 and March 31, 2016; and a basic transaction agreement for in-house construction subcontract between April 1, 2016 and March 31, 2017 (hereinafter referred to as “basic transaction agreement for in 2016”); respectively, with the Defendant.

The term "the basic transaction contract of this case" is referred to as "the basic transaction contract of this case".

C. The subcontracting transaction between the Plaintiff and the Defendant provides the Plaintiff with all production facilities and materials necessary for the shipbuilding of a ship, and the Plaintiff has been made by means of a consignment processing subcontract for the manufacture of a ship by inserting the labor force, and the method of price calculation was concluded in the form of a water contract. The time number (number, Man H, M/H) refers to the number of hours required for the completion of a certain work, and the time agreement refers to a contract for subcontract price determined according to the unit price, which is the time number or the time rate per hour, calculated by the type of work (a series of identification numbers assigned to each vessel for the shipbuilding of a ship), type of work (a series of identification numbers system assigned to each vessel for the shipbuilding of a ship), type of work (a series of construction works for the shipbuilding of a ship), or the unit price of work, which is the hourly rate

The plaintiff and the defendant concluded a unit price contract based on the basic transaction contract of this case with the unit price for each specific type of official contract, and the construction request number, construction number, and construction number for the implementation of shipbuilding construction.

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