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(영문) 서울중앙지방법원 2017.09.13 2016가합572139
공사대금 등
Text

1. The plaintiff's claim for the payment of the unpaid subcontract amount shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of mooring vessels, offshore structures, and sirens, and the Defendant is a company with the purpose of shipbuilding, repair, remodeling, and selling vessels.

B. On April 3, 2015, the Plaintiff entered into the instant basic contract with the Defendant with the main content, such as the attached Table 1 (hereinafter “instant basic contract”).

C. When a subcontract volume occurs, the Defendant issued to the Plaintiff a written order stating the content, construction period, construction volume, etc. of the instant basic contract. After verifying this by the Plaintiff, the Defendant entered into an individual contract with the Plaintiff (hereinafter “instant individual contract”) by sending a written estimate stating the contract price to the Defendant.

The plaintiff performed the construction as stipulated in the individual contract of this case and entered the Jindo rate of each process into the computer network. Based on the above inputs, the plaintiff and the defendant confirmed the plaintiff's actual work on the first day of each month, and determined the subcontract price and the additional payment due to design modification or additional construction, etc., and the defendant paid the amount determined to the plaintiff on the 10th day

E. The Plaintiff sent to the Defendant a written request for the termination of subcontract transactions to the effect that “The Plaintiff shall complete the operation of the cooperative company as of July 11, 2016 and settle the work until July 11, 2016,” which was subcontracted by the Defendant from May 2015.

F. Accordingly, around July 21, 2016, the Plaintiff and the Defendant agreed to terminate the instant basic contract, and the main text thereof.

Details are as follows:

hereinafter referred to as the "agreement of this case"

In relation to the settlement of payments due to the performance of subcontracted works at the Defendant’s place of business during the period from April 6, 2015 to July 11, 2016, the Defendant and the Plaintiff, who is the contractor of subcontracted works, are mutually agreed as follows:

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