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(영문) 울산지방법원 2020.08.13 2016가합24235
용역비
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Relation 1) B Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “B”)

(1) On June 3, 2019, when the company was established for shipbuilding and repair and sales business of the instant lawsuit, the company divided the shipbuilding, special shipbuilding, offshore plant, and engine machinery division, and newly incorporated the Defendant company, and transferred all rights and obligations belonging to the business division subject to division to the Defendant company. Accordingly, the Defendant company succeeded to the status of the instant lawsuit (hereinafter “Defendant” without distinguishing between B and the Defendant company).

(2) The Plaintiff is an intra-company subcontractor who was awarded a subcontract for installation of electric equipment, such as droneship, which falls under a special vessel among the shipbuilding construction works executed by the Defendant, and the entire mooring of ships, marine structures, and plant, refers to the operation of electric equipment installed within the hull and all of them connected to such equipment.

is a company that runs the business.

B. On November 1, 2013, the Plaintiff entered into a basic contract for construction works with the Defendant.

However, as seen below, the Plaintiff and the Defendant concluded an individual construction contract that separately determines the content, period, and quantity of construction according to the construction progress. As such, the above construction contract has the nature of a basic contract.

Article 1 (Application) of the Basic Contract for Construction Work shall generally apply to the basic contract terms in construction contract transactions between the principal contractor and the subcontractor, such as manufacture, processing, and repair between the principal contractor and the plaintiff.

Article 3 (Individual Contracts) ① All contracts agreed upon by the plaintiff and the defendant in consultation with the plaintiff (including electronic documents), other than this contract, are not specified in this contract, such as the method of calculating the amount of construction, the period of construction, and the timing or method of inspection.

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