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(영문) 서울중앙지방법원 2018.11.28 2018가합517730
건물명도(인도)
Text

1. For the plaintiffs:

A. The Defendants, among the buildings listed in the attached list, shall be listed in attached Form 1, 2, 3, 4, 5, 6.

Reasons

1. Basic facts

A. On May 2, 2016, A, B, and C (hereinafter “Plaintiffs, etc.”) concluded contracts with Defendant D Co., Ltd. (hereinafter “Defendant D”) for the construction cost of KRW 500 million (including value-added tax) and the completion completion completion completion date on December 31, 2016, with each of the following setting the construction cost of KRW 500 million (including value-added tax) and the multi-household housing construction (hereinafter “instant construction”).

(hereinafter “instant construction contract”). The terms and conditions of the standard contract for private construction works included in the instant construction contract are as follows.

Article 34 (Cancellation, etc. of Contract for Private Construction Works) (1) A contractor may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contractor fails to commence construction even after the lapse of the agreed commencement date without any justifiable reason;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the contractor's responsible causes.

3. Where the penalty for delay arrives at the amount equivalent to the contract deposit under Article 30 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed impossible to achieve the purpose of the contract due to the contractor’s breach of the contract terms.

B. The Plaintiff, etc. paid the total of KRW 100 million to Defendant D, KRW 45 million on September 12, 2016, KRW 50 million on November 18, 2016, and KRW 50 million on November 21, 2016.

C. On November 10, 2016, the Plaintiff et al. concluded a construction construction agreement with the Defendants, and Defendant D’s settlement amount as KRW 100,000,000 for the details of construction executed by Defendant E, which was postponed as of March 31, 2017, and Defendant E Co., Ltd (hereinafter “Defendant E”) entered into a subcontract with Defendant D and participated in the instant construction, and that the Plaintiff et al. shall pay the amount of the construction executed directly to Defendant E.

(hereinafter “instant Convention”). D.

Plaintiff

Defendant E, etc., and KRW 60 million on November 15, 2016, and November 16, 2016.

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