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(영문) 울산지방법원 2020.09.24 2018가합25904
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a small and medium enterprise owner engaged in the business of manufacturing and installing steel scrap metal for shipbuilding. Defendant B (hereinafter “Defendant B”) is a corporation engaged in the business of manufacturing machinery tools, and the business of manufacturing steel structures for ships, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a corporation engaged in the business of manufacturing and selling machinery tools, and the business of manufacturing and selling steel structures for ships.

B. The Defendants constitute a principal contractor under Article 2(2)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the Plaintiff constitutes a subcontractor under Article 2(3) of the Subcontract Act.

C. From October 2014 to February 2017, the Plaintiff: (a) subcontracted the manufacture, repair, construction, etc. of steel scrap for shipbuilding from the Defendants to manufacturing, repair, and construction products; and (b) supplied, delivered, or provided related services.

On October 26, 2017, the Plaintiff reported unfair trade practices to the Fair Trade Commission on the ground that the Defendants committed an act of unfair subcontract transaction, such as payment of subcontract consideration, with respect to the said subcontract transaction. On August 23, 2018, attached Table 1 ① “Contents” with respect to Defendant B, the remainder of the original report except each corresponding act, and attached Table 2 ② “Contents” with respect to Defendant C, the Plaintiff would dispute the remainder of the original report except for the pertinent act, through other litigation, etc., and voluntarily withdrawn the report of unfair trade practices with respect to each corresponding act.

E. On November 13, 2018, Defendant B deposited KRW 142,505,755 as the sum of each of the money indicated in the “B Recognition Amount” column for each of the pertinent acts and the “B Recognition Amount” column for attached Table 1 B, which the Defendant himself/herself recognizes, with the Plaintiff as the depositee, as of November 13, 2018. Defendant C deposited KRW 142,505,755 as the amount indicated in the “B Recognition Amount” column for each of the pertinent acts, and Defendant C deposited the Plaintiff as the depositee, respectively.

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