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(영문) 창원지방법원통영지원 2017.11.29 2016가합10755
손해배상(기)
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 Defendant engaged in the business of manufacturing hull block and shipbuilding machinery and equipment, etc. entered into a construction subcontract agreement with the Plaintiff, a intra-company subcontractor, to continuously subcontract the B portion of the vessel, and to partially amend the basic contract based on the individual contract for construction subcontract, order sheet, etc. for each subcontracted work.

(hereinafter “instant subcontract”). (b)

On October 25, 2013, the Plaintiff reported to the Fair Trade Commission by asserting that the Defendant engaged in unfair subcontracting transactions, such as in writing non-delivery, unfair determination of subcontract consideration, unfair reduction of subcontract consideration, delay in receipt of unfair supplied goods, and coercion of purchase of goods, etc. The Fair Trade Commission decided on December 10, 2015 that the Defendant breached the obligation to issue the Plaintiff in writing to the Plaintiff, and that the Defendant unilaterally determined the subcontract consideration at a low price without agreement with the subcontractor during the period from January 1 to October 2013, 2013, and that the Defendant unilaterally determined the subcontract consideration at a low price without agreement with the subcontractor, and determined that the subcontract consideration reduction amount to the Plaintiff was KRW 13,545,264.

Accordingly, on June 12, 2015, the defendant deposited 14,89,790 won added value-added tax to the subcontract consideration reduction amount with the Plaintiff as the principal deposit in the Changwon District Court No. 796 in 2015.

C. On March 25, 2014, the Defendant filed a lawsuit seeking the payment of insurance proceeds against the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) by asserting that the Defendant’s payment of wages to the Plaintiff’s employees constituted damages under the Guarantee Insurance Contract concluded between the Plaintiff and Seoul Guarantee Insurance.

Plaintiff

The plaintiff's intra-company director D participated in the above case as the intervenor joining the defendant, and the Seoul Guarantee Insurance and the plaintiff are related to the subcontract of this case.

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