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(영문) 의정부지방법원 2019.04.24 2018가합53405

위약금 청구의 소

Text

1. The Defendant’s KRW 123,00,000 as well as 6% per annum from May 26, 2018 to April 24, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company operating an engineering work business, building work business, etc.). The Defendant is a housing reconstruction project association which obtained authorization on March 4, 2009 and completed registration of incorporation on March 12, 2009 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for Residents for a B reconstruction project (hereinafter “instant project”).

B. On April 15, 201, the Plaintiff entered into a contract for the removal of obstacles with the Defendant for the removal of obstacles during the instant project. The main contents of the said contract (hereinafter “instant contract”) are as follows.

1. Project owner: Defendant;

2. Construction name: Removal of obstacles from among the projects in this case.

3. Place of construction: Within the business zone of this case.

4. Period: Commencement of construction in 2011.

5. Contract amount: 820 million won (excluding value-added tax).

6. 30% of the total amount of 30 million won after the conclusion of the contract deposit at the rate of the amount divided into payments at the time of the conclusion of the contract deposit, which is KRW 246 million, KRW 30 million, KRW 328 million, and KRW 40% after the completion of the construction process at 50% of the intermediate payment, shall be submitted.

7. Separate: One copy of the terms of the construction contract [the terms of the construction contract] (1) of Section 2 (the scope of the construction project) of Section 6 (Period of Contract) of Section 6 (Period of Contract) of the removal of obstacles within the instant project zone - Water Supply System, Urban Gas, and Electric Facilities Removal, from the date of conclusion of the contract to the date of receipt of the completion of the construction project site.

Article 15 (Termination of Contract) (1) In cases where a plaintiff falls under any of the following subparagraphs, the defendant may cancel or terminate the contract in whole or in part:

(1) In the event that the Plaintiff fails to complete the construction within the agreed construction period without any justifiable reason, or the Plaintiff is subject to a disposition of license, revocation of registration, suspension of business, etc. from the competent authority, the Plaintiff’s transfer of the rights and obligations under the contract to a third party without the Defendant’s approval, • the Plaintiff violated the terms of this contract ② the Plaintiff’s transfer of the following subparagraphs