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(영문) 서울중앙지방법원 2016.03.25 2012나23800

위약벌 등

Text

1. Of the judgment of the court of first instance, the part concerning the construction of the Plaintiff Company’s petition is modified as follows:

The defendant.

Reasons

1. Basic facts

A. 1) The plaintiffs are the contractors of the construction project of the C apartment (E after the date the name was determined; hereinafter "the apartment of this case"). The plaintiffs jointly participated in the construction project of the above building and prepared a "joint business agreement" around 2002. Article 2 of the above agreement provides that "the construction of the plaintiff corporation (hereinafter "the plaintiff's petition construction") has 70% of the business shares, the plaintiff Daeyang Industrial Development Co., Ltd. (hereinafter "the plaintiff Daeyang Industrial Development") has 30% of the business shares, 30% of the business shares, and the rights and obligations related to the project costs and the above shares are 30.5 billion won, 206.2.2.4 billion won, 2006.2.6 billion won, 2005 billion won, 300 billion won, 206.4.6 billion won, 2005 billion won, 300 billion won, 2005.2.6 billion won, 206.25 billion won, 29.2005 billion won, respectively.

The sales contract of this case (hereinafter referred to as the "sale contract of this case") provides for the cancellation of the contract and the penalty as follows. Article 2 (Cancellation, etc. of Contracts) (1) and Article 2 (D and D) of the Act (hereinafter referred to as "B") may cancel the contract in case where "B" (D and D) commits any of the following acts, after giving a fixed period of time, and then giving a peremptory notice thereof, if it is not performed. (2) When the balance has not been paid within three months from the expiration date of the designation period of occupancy, "B" has violated an agreement with the financial institution after receiving the proceeds of sale from the financial institution as joint and several surety of "A" and "B" and Article 3 (Omission) of the Penalty Act.