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1. The part concerning the claim for service payment in the instant lawsuit shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 649,131,676 and its amount.
Reasons
1. Basic facts
A. The status of the parties A, from April 10, 208, operated a manufacturing business of shipbuilding block with the trade name “B”. However, the Plaintiff, a corporation operating the same type of business, was transferred from A on April 16, 2010, and comprehensively succeeded to the above business claims and obligations. The Defendant is a corporation with the main purpose of building, remodeling, repair, etc. of ships.
B. On May 1, 2008, A entered into a basic transaction agreement with the Defendant on the construction subcontracted with respect to the construction of the block tower of a building built by the Defendant (from February 1, 2009, the term of the contract was set as one year, and the contract was automatically extended under the same conditions unless A or the Defendant expressed his intention of renewal or cancellation one month prior to the expiration of the contract). On April 1, 2010, A concluded a basic transaction agreement on the construction subcontracted with the Plaintiff, who acquired A’s business.
Article 1 (Basic Principles) (2) The defendant and A 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 Basic Contract (hereinafter referred to as the “Basic Contract”) shall apply to each individual contract (hereinafter referred to as “individual contract”) unless otherwise agreed to provide for the basic matters concerning subcontracting between the defendant and A, and in the event of a conflict between the basic contract and the content of an individual contract, the individual contract shall have the priority in relation to the 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 shall not apply where the contents thereof are in a basic contract.