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(영문) 의정부지방법원 2017.09.15 2016가합51276

약정금

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1. Defendant D and F Co., Ltd. are jointly and severally liable to Plaintiff A for KRW 77,00,000,000, and each of them is 65,000,000 for Plaintiff B and C.

Reasons

1. Basic facts

A. The status of the parties A is that the Plaintiff is a person who performs china in the Jeonbuk-gun G, and the Plaintiff B and C are the children of the Plaintiff.

Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that operates the business of installing solar RPS power plants, Defendant E is the representative director of Defendant D, and Defendant F is the children of Defendant E.

B. On June 14, 2014, the Plaintiff and Defendant D’s construction contract and partial payment of the construction cost 1) concluded a construction contract with Defendant D on the roof of the above double-generation building (the contract amount of KRW 250,000,000,000) for the construction cost of Defendant D to install solar RPS power plants (the contract amount of KRW 250,000,000) and paid KRW 97,00,000 as part of the construction cost to Defendant D. (the contract amount of KRW 2) on August 30, 2014, Plaintiff B and C concluded a construction contract with Defendant D to install solar RPS power plants on the roof of the above double-generation building (the “each of the instant construction contracts” collectively with Plaintiff A’s construction contract) (the contract amount of KRW 75,00,000, KRW 87,50,000, KRW 4005,00).

C. After the conclusion of the instant additional contract with the Plaintiffs and Defendant D, the construction under the instant construction contract was delayed, and the Plaintiffs and Defendant D entered into an additional contract that compensates the Plaintiffs for twice the amount they received from them if the construction is not completed within a given period of April 17, 2015 or it is impossible for Defendant D to assume the responsibility. The additional contract that covers the joint guarantor as Defendant F (hereinafter “instant additional contract”).

The details of the instant additional contract are as follows.

Article 1. In relation to solar RPS business in Jeollabuk-do Posi-gun G, the contract terms between the existing plaintiffs and the defendant D are confirmed.

Article 2 In spite of the fact that Defendant D has to carry out construction in accordance with the principle of trust and good faith under the existing contract, it is confirmed that the construction has not been completed by April 18, 2015.

§ 3.