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(영문) 창원지방법원통영지원 2017.11.28 2015가단2972 (1)
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 200,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On June 5, 2014, the Plaintiff entered into a subcontract with respect to C assembly works executed by the Defendant and the Defendant (hereinafter “instant construction works”) with respect to the following main contents.

Article 2 (Basic Contract and Individual Contract) (1) Unless otherwise agreed, the basic contract shall be applicable to each individual contract, unless it provides for the basic matters concerning the shipbuilding subcontract contract between A and B.

(2) In the event of a conflict between a basic contract and the terms of an individual contract by supplementing matters not specified in a basic contract, an individual contract shall have the preferential effect on an individual contract.

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

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

(2) Notwithstanding the provisions of paragraph (1), A and B may determine in advance attached agreements, etc. a part of the terms and conditions of an individual contract through mutual consultation.

Article 4 (Formation of Individual Contract) (1) An individual contract shall be concluded by A (Defendant) after issuing an order stating the details of transactions under Article 3 and upon accepting it.

Provided, That if the refusal of acceptance is intended, the plaintiff (the plaintiff) shall notify in writing the intention of refusal within 10 days from the date of receipt of the order (including an electronic document) by Gap (the defendant), and if the refusal is not made within this period, the contract shall be deemed to have been concluded.

(2) If there is an objection against the terms and conditions of an individual contract, the inserting, deletion or modification of the terms and conditions of the contract may be agreed upon by and between A and B.

Article 5 (Amendment of Contract) (1) A and B may amend the terms and conditions of an individual contract by mutual agreement, and in such cases, A (Defendant) shall do so.

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