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(영문) 창원지방법원통영지원 2014.05.15 2013가합1729
공사대금
Text

1. The portion of the instant lawsuit’s claim as to the construction cost on March 2013 shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the shipbuilding business, etc. under the trade name of “B,” and the Defendant is a company with the purpose of building, selling, remodeling, repairing, etc. of a vessel.

B. The Defendant contracted the C Ship Loading to the subordinate company, and as the subordinate company renounced the above construction, the Defendant decided to contract the said construction to the Plaintiff.

Accordingly, on January 8, 2013, the Plaintiff entered into a basic contract for construction subcontract with the Defendant and registered as a company for in-house subcontractor.

Article 1 Basic Principles

2. The Defendant and the Plaintiff must comply with the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), the Monopoly Regulation and Fair Trade Act, and relevant statutes in the performance of the basic contract.

Article 2 Basic Contracts and Individual Contracts

1. The instant basic transaction agreement (hereinafter referred to as the “basic contract”) shall apply to each individual transaction agreement, unless otherwise agreed by the Defendant and the Plaintiff, setting forth the basic terms and conditions for the subcontract transaction between the Plaintiff and the Defendant.

2.Individual contracts shall be amended by supplementing matters not specified in a basic contract, where there is a conflict between a basic contract and the content of an individual contract, the individual contract shall have the priority in respect of the basic contract.

Article 3. Terms of Individual Contracts

1. Each contract shall contain the name of construction, content of construction, quantity, construction period, scope of urgency, method and time of inspection, contract amount, terms and conditions of payment, etc.;

Provided, That this provision shall not apply where the contents thereof are in a basic contract.

2. Notwithstanding the provisions of the preceding paragraphs, some of the terms and conditions of an individual contract may be determined by a prior agreement between the defendant and the plaintiff.

An individual contract under Article 4 shall be concluded upon delivery of an order stating the details of Article 3 and acceptance by the Plaintiff.

Provided, That there is an intention to refuse to accept the terms of individual contracts.

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