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(영문) 창원지방법원진주지원 2016.11.09 2013가합2996
용역비
Text

1. The part concerning the claim for service costs of each of the instant lawsuits shall be dismissed, respectively.

2. The plaintiffs remaining.

Reasons

1. Basic facts

A. Plaintiff A is a person engaged in the business of manufacturing vessel blocks in the trade name of “C,” “D,” “E,” and Plaintiff Co., Ltd. (hereinafter “Plaintiff-beneficiary”) is a company engaging in vessel structure parts manufacturing business, etc., and Plaintiff B (hereinafter “Plaintiff B”) is a company engaging in vessel blocks manufacturing business.

The Plaintiffs are contractors under Article 2 (3) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the Defendant is a principal contractor under Article 2 (2) of the Subcontract Act, which aims to build, remodel, repair, dismantle, or sell ships.

B. From April 1, 2009, the Defendant concluded a subcontract and a unit price contract with the Plaintiff on the terms that the Defendant entrusted the Plaintiff to manufacture the vessel under construction with the Plaintiff.

From September 1, 2011, the Defendant entered into a subcontract and unit price contract with the beneficiary of the Plaintiff with the terms that the Defendant entrusted the Plaintiff with the repair and assembly work of the vessel under construction. From May 29, 2013 to the Plaintiff B, the Defendant entered into a subcontract and unit price contract with the terms that the Defendant entrusted the Plaintiff B with the repair and assembly work of the vessel under construction ( collectively referred to as “each of the instant basic contracts,” and each of the unit price contracts collectively referred to as “each of the instant unit price contracts”).

Each unit price contract of this case is written as the "unit price and contract amount" with regard to "unit price and contract amount" with the "unit price table," and each unit price table with regard to "contract weight and settlement" with regard to "the weight shall be based on the plUG, various skins, etc. (LUG, various skins, etc.) of the unit price table, and shall be written as "the unit price table, which correspond to the unit price table agreed with Gap (the plaintiff)."

C. The Plaintiffs performed vessel assembly work, such as vessel block tower work, in accordance with each basic contract and unit price contract.

[Ground of recognition] There is no dispute.

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