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(영문) 창원지방법원진주지원 2014.04.30 2013가합1238
손해배상 등
Text

1. On February 14, 2012, the Changwon District Court shall receive the real estate stated in the attached list among the instant lawsuits from the Changwon District Court.

Reasons

1. Basic facts

A. 1) B was engaged in the manufacturing business of shipbuilding block from April 1, 2007 to “C,” and D, the arches of B, transferred the business of “E” from October 2009 to “E,” and the Plaintiff was transferred the business of “E” from “E” to “E.” A around January 2012 as a corporation engaging in the same type of business. (2) The Defendant is a corporation with the main purpose of building, remodeling, repair, etc. of ships.

B. On April 1, 2007, B entered into a basic transaction contract with the Defendant with respect to the construction of the block tower structure of a vessel built by the Defendant. Article 1 (Basic Principles) ② The Defendant and B must comply with the provisions of the Act on Fair Transactions in Subcontracting, the Monopoly Regulation and Fair Trade Act, and relevant statutes in the implementation of the basic contract. Article 2 (Basic Contracts and Individual Contracts) ① The basic transaction contract (hereinafter “basic contract”).

(B) Unless otherwise agreed that the basic terms and conditions between the Defendant and B regarding the subcontracting transaction of construction works are set forth, each transaction contract (hereinafter “individual contract”) shall be subject to an individual contract.

Article 3 (Terms and Conditions of Individual Contracts) (1) An individual contract shall include the name of construction, details of construction, quantity, period of construction, scope of private financing, method and time of inspection, contract amount, terms and conditions of payment, etc. in cases of a conflict between a basic contract and the terms and conditions of an individual contract: Provided, That this shall not apply in cases where the contents of the contract are in a basic contract: (i) The method of payment of the contract amount; (ii) the date of payment of the contract amount shall be, in principle, the payment of the subcontract amount within the prescribed time limit of 60 days from the date of receipt of the object under the Fair Transactions in Subcontracting Act.

except that in the case of a construction project requiring a long period, it shall be monthly.

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