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(영문) 광주지방법원목포지원 2016.04.27 2015가단6843
공사대금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing of vessel components and parts, and the Defendant is a company engaged in the manufacturing of vessel components.

B. On February 26, 2013, the Plaintiff entered into a subcontract with the Defendant for the production of shipbuilding block (BLOCK, and C Design) (hereinafter “instant subcontract,” and the contents related to the instant case are as follows) and the Defendant subcontracted the block production work for the “D, E, and F,” etc. from Hyundai Ginseng Co., Ltd. in 2014, and re-subcontracted the part of the design production work to the Plaintiff pursuant to the instant subcontract.

Article 1 (Name of Construction) (Scope of Construction Works) of BLOCK Production (C Design) for Shipbuilding (Scope of Construction Works in the Plaintiff) : (i) BLOCK assembly from the time of acceptance upon the storage of the design goods; (ii) BLOCK assembly (including level/ QM/ship inspection completion); (iii) Delivery and Follow-Up Management (including A/S) Article 4 (A/S) 1); (iv) from February 1, 2013 to December 31, 2013 to December 31, 2013; and (iv) unless there is a written offer against the other party as to the contractual modification two months before the expiration date of the unit price contract, this contract shall be automatically extended for one year under the same conditions; and

(Provided, That if Party A(Defendant) refuses or delays A’s instructions for revision or re-work, it shall not be allowed to modify the terms and conditions of the contract without mutual agreement before the expiration of the unit price contract). Article 8(Quality)2), at any time, it may inspect B’s work condition and request the necessary supplementation or modification work, and Party B may take necessary measures at any time and deduct Party A from the subcontract price to pay the expenses incurred therein.

4) B shall make every effort to prevent the failure of work and improve the quality thereof (as soon as possible).

C. On October 31, 2014, the Plaintiff agreed with the Defendant to terminate the instant subcontract on October 31, 2014 while engaging in the manufacturing of a design product pursuant to the instant subcontract, and the Plaintiff concluded the instant subcontract with the Defendant on October 31, 2014.

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