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(영문) 서울중앙지방법원 2016.11.09 2016가단5129878

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2009, the Plaintiff entered into a construction contract (hereinafter referred to as “previous construction contract”) stipulating that “the removal of existing buildings and construction of neighborhood buildings” (hereinafter “instant construction works”) implemented on the ground of Gangnam-gu Seoul, Gangnam-gu (hereinafter “instant construction works”) shall be the construction cost of KRW 1,440,000 (excluding value-added tax) and the construction period of KRW 1,440,000 (excluding value-added tax) and the construction period from October 10 to September 15, 2010 (hereinafter “previous construction contract”).

B. (1) On or around December 21, 2009, the construction of the instant case was waived after the completion of only the installation of a temporary fence and the removal process of the existing building during the instant construction work. On or around January 6, 2010, the effective construction company (hereinafter “unified company”) entered the date of the contract stated in the instant construction contract in the form of the instant construction contract as of January 6, 2010, “the date of December 21, 2009” as of the date of the contract indicated in the form of the instant construction contract as of December 21, 2009.

The construction contract of this case (hereinafter referred to as the "construction contract of this case") is referred to as the "construction contract of this case" that receives the entire construction contract of this case, including the construction work already executed by the

(2) The Plaintiff and the non-party company entered into the construction contract of this case (the contents of the construction contract of this case are the same as the previous construction contract which was entered into between the Plaintiff and the Dovi case, and the Plaintiff and the non-party company entered into the construction contract of this case at the end of the construction contract of this case as the original text of the contract which was entered into with the Dovi case on September 30, 2009, except that the contents of the new contract correspond to the original text of the contract entered into on September 30, 2009 when there is any part different from the Dovi case contract of this case.). The construction contract of this case was concluded in the form of succeeding the previous construction contract between the Plaintiff and the Dovi case.

C. The instant construction contract concluded between the Plaintiff and the Nonparty Company stipulated the contract bond as follows.

Then, the Plaintiff is the non-party company.