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(영문) 창원지방법원 2016.05.26 2014가합36146
공사대금
Text

1. Claim for the cost of reduced construction due to nonperformance among the instant lawsuits, and from October 209 to June 2012.

Reasons

1. Facts of recognition;

A. The status of the party concerned is a corporation whose purpose is ship painting business, etc., and the defendant is to build, remodel, repair a ship, etc.

(b) A (the defendant is named; hereinafter the same shall apply) and B (the plaintiff is named; hereinafter the same shall apply) shall enter into this contract for each subcontract entered into with Party A and for the purpose of common application in all relevant matters, including the conclusion of the basic transaction contract for the construction subcontract (hereinafter referred to as “basic contract”).

Article 2 [Basic Contracts and Individual Contracts] (1) Unless otherwise agreed, the provisions of this Basic Contract shall apply to individual transactions between A and B (hereinafter referred to as "individual contracts").

(2) All contracts, other than basic contracts concluded between A and B, shall be individual contracts.

(3) An individual contract shall be supplemented by a basic contract, and when there is a conflict between a basic contract and an individual contract, the individual contract shall have the preferential effect on the basic contract.

Article 18 [Contract Amount] (1) The term "contract amount entered in an individual contract amount" means the final amount paid as consideration by A to B on condition that B completes the relevant construction work, and the contract amount shall be determined by consultation with A in accordance with a reasonable calculation method, taking into consideration the quantity, appearance, payment period, conditions of payment, quality, materials price, labor cost, trend of market price, etc.

Unless otherwise agreed, Party A shall not impose any additional burden in addition to the contract amount for the relevant work of Party B.

(4) The amount of incidental construction works, such as unexpected revised construction works, shall be governed by a separate agreement.

except where the price for revised additional construction works normally paid is reflected in the calculation of the contract amount.

Article 19 [Methods of Calculating and Paying Interest Amount] (1) Any progress payment that A pays to B shall be the individual works carried out monthly by B.

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