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(영문) 울산지방법원 2020.08.13 2017가합20025
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. The relationship 1) Parties C Company B before the division (hereinafter “C before the division”).

A) The purpose of shipbuilding, repair, sale, etc. is a company established for the purpose of shipbuilding, repair, etc. B. B. B. B. A. B. B. B. prior to the division had changed the trade name on June 3, 2019 during the instant lawsuit, and established the Defendant by dividing the parts of shipbuilding, special shipbuilding, offshore plant, and engine machinery business, and the Defendant succeeded to the rights and obligations possessed by C against the Plaintiff by succeeding to the rights and obligations possessed by C before the division (hereinafter “Defendant” without distinguishing between C and the Defendant before the division.

(2) The Plaintiff refers to the work of installing offshore plants built by the Defendant in the electric mooring division or facilities, control equipment, etc. for supplying electricity to ships among shipbuilding construction work that the Defendant was ordered.

as a subcontractor in-house subcontractor, it is a company that runs soil construction business and reinforced concrete construction business.

B. On November 25, 2014, the Plaintiff entered into a basic contract for construction works with the Defendant, and the said basic contract was renewed annually.

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 (Contract) This Agreement shall generally apply to the terms and conditions of the original contract in construction work contract between the principal contractor and the subcontractor, such as manufacture, processing, and repair between the principal contractor and the subcontractor.

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) An individual contract.

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