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(영문) 창원지방법원진주지원 2014.04.30 2012가합1477
손해배상(기)
Text

1. The Defendant’s KRW 33,752,094 as well as 5% per annum from July 26, 2012 to April 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a corporation with the main purpose of shipbuilding block manufacturing business, and the defendant is a corporation with the main purpose of shipbuilding, remodeling, repair, etc. of the ship.

B. On July 13, 2009, the Plaintiff entered into a basic transaction agreement with the Defendant on the construction of the block assembly of the vessel under construction with the Defendant, as follows.

Article 1 (Basic Principles) (2) The defendant and the plaintiff shall comply with the provisions of the Act on Fair Transactions in Subcontracting, the Monopoly Regulation and Fair Trade Act, and relevant Acts and subordinate statutes in the implementation of the basic contract.

Article 2 (Basic Contract and Individual Contract) (1) This Framework Contract (hereinafter referred to as the “Basic Contract”) shall apply to each individual transaction contract unless otherwise agreed to provide for the basic matters concerning subcontracting between the Defendant and the Plaintiff.

(2) Where an individual contract conflicts between a basic contract and an individual contract, it shall have the preferential effect on an individual contract, as it supplements matters not stipulated in a basic contract.

Article 3 (Contents of Individual Contracts) (1) Each contract shall include the name of the project, details of execution, quantity, period of construction, scope of urgency, method and time of inspection, contract amount, payment terms and conditions of payment, etc.

Provided, That this provision shall not apply where the contents thereof are in a basic contract.

Article 7 (Payment of Contract Price) (1) In principle, the payment date of subcontract price shall be determined by the Fair Transactions in Subcontracting Act within a short period of time which is set as possible within 60 days from the date of receipt of the object.

Provided, That in the case of construction requiring a long-term period, the progress payment may be paid for the completion portion of the construction each month.

Article 9 (Prohibition of Unreasonable Reduction of Price) (1) The defendant shall make an unfair payment, unless there is any reason attributable to the plaintiff.

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