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(영문) 울산지방법원 2016.12.08 2015가합22904
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies engaged in the business of assembling ships, etc., and the defendant is a company engaged in the business of shipbuilding and repair and sales of ships, and the plaintiff was allocated to the defendant's in-house subcontractor in the shipbuilding division as a company.

B. The Plaintiff entered into a basic contract for construction works with the Defendant and the term of validity on May 1, 2013 as of October 31, 2013. The term of validity on October 22, 2013 as of October 31, 2014, respectively, entered into a basic contract for construction works with the following terms.

However, as seen below, the Plaintiff and the Defendant concluded an individual construction contract that separately determines the work content, construction period, and construction volume according to the construction progress situation, and the said construction contract has the nature as a basic contract.

Article 1 (Application of the Basic Contract for Construction Work) This Agreement 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) In addition to this Agreement, all contracts agreed upon by the plaintiff and the defendant in consultation with the plaintiff are individual contracts (including electronic documents), and each contract shall provide for the main contents of the contract not stipulated in this Agreement, such as the method of calculating the amount of construction, the period of construction,

(2) Where any ground for change occurs to the terms of an agreement in an individual contract, the plaintiff and the defendant may change such terms whenever they agree.

3. The provisions of an individual contract shall be interpreted as excluding partial application of the provisions of this contract or supplementation of matters not provided for in a basic contract, and shall have priority over the provisions of a basic contract.

(4) An individual contract shall be concluded by entering into an agreement between the plaintiff and the defendant and signing and sealing the individual contract.

Article 7 (Supervision of Construction Works) (1) The Plaintiff shall perform the construction work, including design documents, work specifications, and other documents for the maintenance of quality and the payment period.

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