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(영문) 부산지방법원 2015.04.30 2013가합8789
손해배상(기) 등
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 Plaintiff is an individual entrepreneur who runs a vessel vessel processing business, etc. with the trade name “B” (mutual change to “C” at the end of 2011), and the Defendant is a corporation that runs a vessel manufacturing and installation business.

The plaintiff was selected as the defendant's in-house subcontractor since 2007 when the defendant had received from the defendant's in-house subcontractor to the in-house subcontractor.

B. The Defendant ordered the production and supply works for the residential area (dehouse, seafarers’ residential area) from the SP Ocean Co., Ltd. (hereinafter “SPPP”), and the production and supply works for the Sungdong Shipbuilding’s Marine Co., Ltd. (hereinafter “SP”) to the residential area and the production and supply works for the bricks. Of this, the Defendant ordered the Defendant to assemble the cutting and the steel tights that were handed over from the main contractor, and sub-prefabricated up up the assembled lines, and ordered the Defendant to subcontract the part of the following construction works to the Defendant for the next process when the first external form is completed.

C. The Plaintiff entered into a unit price contract with the Defendant on April 13, 2009 without preparing the basic contract, and began construction from June 2009.

On January 15, 2010, the Plaintiff entered into a unit price contract with the Defendant (hereinafter “first unit price reduction”) with a reduction of 10% of the existing unit price, and entered into a unit price contract with a reduction of 5% of the existing unit price (hereinafter “second unit price reduction”) on April 30, 2010.

The Plaintiff and the Defendant concluded a prior unit price contract on July 30, 2010; November 1, 2010; and September 27, 2011; however, there was no substantial reduction of unit price due to the lack of difference in total amount.

The details of unit price of a unit price contract by date shall be as follows:

On April 13, 2009, the reduction rate of the unit price in comparison with the unit price before the date when the contract was entered into force on the date when the unit price contract was entered into, shall be 283,200,100, 12,000 283,300, 300 January 15, 201, 15, 2010, 187, 290, 10, 290, 254, 970 10% (the first unit price reduction).

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