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(영문) 울산지방법원 2017.01.26 2016가합505
하도급용역대금 지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies engaged in shipbuilding, repair and sales business, etc., and the plaintiff is the representative of the intra-company subcontractor B who has been awarded a subcontract for piping work among the shipbuilding works awarded by the defendant.

B. On March 18, 2013, Nov. 1, 2013, and Nov. 1, 2015, the Plaintiff entered into a basic construction contract with the Defendant on a total of three occasions as follows.

However, as seen below, the Plaintiff and the Defendant concluded an individual construction contract that separately determines the content, period, and quantity of construction according to the construction progress. As such, the above construction contract has the nature of a basic contract.

Article 1 (Application) of the Basic Contract for Construction Work (Contract) This Agreement shall generally apply to the terms and conditions of the original contract in construction work contract 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) In addition to this Agreement, all contracts agreed upon by the plaintiff and the defendant in consultation with the plaintiff are individual contracts (including electronic documents), and each contract shall provide for the main contents of the contract not stipulated in this Agreement, such as the method of calculating the amount of construction, the period of construction,

(2) Where any ground for change occurs to the terms of an agreement in an individual contract, the plaintiff and the defendant may change such terms by agreement.

3. The provisions of an individual contract shall be interpreted as excluding partial application of the provisions of this contract or supplementation of matters not provided for in a basic contract, and shall have priority over the provisions of a basic contract.

(4) An individual contract shall be concluded by entering into an agreement between the plaintiff and the defendant and signing and sealing the individual contract.

Article 7 (Supervision of Construction Works) (1) If the defendant presents design documents, work specifications, and other standard documents related to the execution of construction work for the maintenance of quality and the payment period, the plaintiff shall perform the construction work in accordance with the contents thereof.

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