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(영문) 부산고등법원(창원) 2020.11.12 2020나10247
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are companies engaged in the manufacture and sales business of each ship structure, etc.

B. On March 1, 2013, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant to the effect that the Defendant would subcontract the vessel processing business contracted by D Co., Ltd. to the Plaintiff. The main contents are as shown in attached Table 1.

C. When the Defendant pays the price for the assembly works of the structure under the instant subcontract, the Defendant paid the Plaintiff the remainder after deducting the Plaintiff’s cost from the amount calculated by multiplying the unit price under the contract by the Plaintiff’s quantity of work, as seen below, by the amount calculated by deducting the Plaintiff’s cost from the amount calculated by multiplying the unit price under the contract by the Plaintiff’s quantity, as seen in the table below, and paid the Plaintiff KRW 1,80,000 (won/TON) GFR 2,000,000 HNE 2,000 IDK Category 70,000 J 6GR work.

Classification Contract Price (unit price) A/S 18,000 additional KRW 15,200 plus 15,200 won classification of contract materials

D. The Plaintiff, while engaging in vessel processing under the instant subcontract, conducted additional work when the correction, addition, and supplementation (hereinafter “additional work”) were required. As to this, upon the Plaintiff’s request for approval from December 2, 2014 to September 2015, the Plaintiff paid the Plaintiff the additional work price calculated on the basis of the pre-determined unit price as seen in the table below with the number of times approved by the Defendant and the unit price for the additional work as seen in the table below.

E. On November 3, 2015, the Plaintiff and the Defendant drafted the same agreement as the attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 9, 10, 19, Eul evidence 1, 2 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The part on the construction price of the structure under the instant subcontract is one of the parties.

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