(영문) 창원지방법원통영지원 2014.11.06 2013가합986

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(영문) 창원지방법원통영지원 2014.11.06 2013가합986

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to reduce the manufacturing process of block vessels related to the construction of a vessel from EPP vessel Co., Ltd. (hereinafter “EP”) the Defendant Company divided the entire vessel to be built into a certain size in order to preferentially assemble each part of the vessel. This part is the block.

In the future, the block is used to transport the block with a line or with a drying tank and connect it to it in the shape of a distribution.

On March 2, 2011, the Defendant Company concluded a subcontract (hereinafter “instant contract”) with the content that the part of block assembly (hereinafter “instant construction”) during the process that the Defendant Company contracted from EP (hereinafter “instant construction”) was entrusted to C, and the specific content thereof are as follows.

Article 4. 1 Construction Costs and Payment Method 1) Construction Costs shall be paid from the ordering company. 2) The unit price shall be determined in consultation with each other for the quantities of shipbuilding .E. Quantities produced in us and for other non-ship quantities of shipbuilding .E. Quantities produced in us. 257 56163 567 2567 163 2. 2) The unit price shall be between 350,000 won and 350,000 won of the block block unit of the general block of not less than 350,000 won and less than 350,000 won and not more than 250,000 won.

3. Payment of the price: Cash settlement at the end of each month and on the 20th of the following month;

B. C completed the instant construction work subcontracted by the Defendant Company from March 2, 2011 to July 2012 after the instant contract was concluded.

C. On March 8, 2013, C transferred the instant construction cost claim amounting to KRW 539,878,544 that C had held against the Defendant Company for the repayment of operating funds borrowed from the Plaintiff, and around that time C notified the Defendant Company of the assignment of the said claim.

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1 through 3, and evidence 8, and purport of the whole pleadings

2. The plaintiff's assertion 1 C is the construction of this case.

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