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(영문) 창원지방법원통영지원 2012.02.02 2011가합784
손해배상(기)
Text

1. From July 2007 to August 2008, and from October 2008 to October 2008, among the primary claims of Plaintiff A Co., Ltd.

Reasons

1. Facts of recognition;

A. The status of the parties is a company with the main purpose of building and selling ships, and the plaintiffs have been a subcontractor in the company of the defendant's main purpose of assembling the structure parts of the ships or a person operating the company, who has been awarded a subcontract for the block assembly works of the ships built by the defendant.

B. On June 1, 2007, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a basic subcontract agreement with the trade name “G,” Plaintiff B on February 14, 2007, and “H,” and Plaintiff C entered into a new subcontract agreement with the Plaintiff D and the Defendant on January 2, 2008 on July 10, 2008, with the trade name “I” and “I,” respectively.

Plaintiff

On November 21, 2008, E, with the trade name of “J”, the Plaintiff E and the Defendant have invalidated the existing basic subcontract agreement and concluded it again on July 10, 2008.

Each Defendant entered into a subcontract with each of the following basic contracts (hereinafter “each of the instant basic contracts”) and was awarded a subcontract for block assembly works during the vessel manufacturing process by the Defendant:

Article 1 (Basic Principles) (2) A (referring to the defendant; hereinafter the same shall apply) and B (referring to the plaintiff; hereinafter the same shall apply) shall comply with the provisions of the Fair Transactions in Subcontracting Act, the Monopoly Regulation and Fair Trade Act and relevant Acts and subordinate statutes in implementing the basic contract.

Article 4 (Formation of Individual Contract) (1) An individual contract shall be concluded upon delivery of a written order stating the particulars specified in Article 3 by A and acceptance by B.

Provided, That if a Party B wishes to refuse to accept an order, it shall notify the Party A of his/her intention of refusal in writing within 10 days from the date of receipt of the order, and if the Party B fails to express his/her intention of refusal within this period, the contract shall

Article 6 (Amount of Contract) (1) Quantity, specifications, period of payment, method of payment, and method of payment.

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