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1. The Defendant shall pay to the Plaintiff KRW 181,791,630 as well as 20% per annum from November 26, 2013 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs the vessel processing business, etc. under the trade name of “B,” and the Defendant is a corporation with the main purpose of building, remodeling, repairing, etc. of a vessel.
B. Around November 1, 2007, the Plaintiff entered into a basic transaction agreement with the Defendant with respect to the pre-construction work of a ship built by the Defendant on the following terms and conditions: (a) the Plaintiff entered into a basic transaction agreement with the Defendant on April 1, 2008; (b) February 1, 2009; and (c) February 1, 201 and February 1, 201, respectively with respect to the same construction subcontract with the Defendant. Article 1 (Basic Principles) ② The Defendant and the Plaintiff must comply with the provisions of the Fair Transactions in Subcontracting Act, 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 agreement (hereinafter “basic contract”).
(2) Unless there is a separate agreement between the Defendant and the Plaintiff regarding the basic terms and conditions for the subcontract transaction of construction works (hereinafter referred to as “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, payment 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 for the contract; (ii) the date of payment for the contract shall, in principle, be the payment for the subcontract price within the prescribed time limit of 60 days from the date of receipt of the object under the Fair Transactions in Subcontracting Act.
Provided, That in the case of a construction project requiring a long-term period, the progress payment may be paid for the completion portion of the construction.