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(영문) 서울고등법원 2016.12.02 2016나2047797
위약금 청구 등
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiffs, which orders payment below, is revoked.

Reasons

1. Case summary

A. On February 12, 2015, the Plaintiffs and the Defendants concluded a contract for removal works (hereinafter “instant contract”) with the date of commencement, 90 days after the date of the contract, 30 days after the date of completion, 160,000 won per ton of special wastes, 200,000 won per ton of general wastes, 50,100,000 won per ton of general wastes, 50-1,000 won per ton of general wastes, 50-1,000 won per ton of general wastes, 50-1,000 won per owner (A), the Defendants (a contractor), the Plaintiffs (B).

1. Eul shall deposit KRW 10 million with Gap as contract deposit in the account under the name of Gap after this contract, in order to certify the performance of this work;

A shall provide a security for corresponding real estate and a guarantee of a corporation and an individual.

2.B shall start this removal work in the capacity of an individual, and in performing the removal work within 15 days of a request by A to start the removal work, jointly and severally with legitimate enterprises.

The work shall be completed within 30 days from the commencement.

3. If Party A fails to commence this removal work within three months from the date of the contract with Party A due to his/her failure to perform his/her duties, Party A shall promptly compensate Party B for the double amount of the performance bond for the penalty.

4. A shall not raise an objection to any legal action that B shall be subject to penalty when it has immediately failed to pay the penalty.

A shall pay the legal expenses incurred by B to receive penalty for breach of contract.

5.A shall pay to B, in addition, a delay compensation at the rate of 36 per annum for the amount of penalty equivalent to the number of delayed days when A is unable to promptly compensate for penalty.

B. Major terms and conditions of the instant contract are as follows.

C. On February 13, 2015, the date following the date when the contract was concluded with the payment of the performance bond under the instant contract, the Plaintiffs deposited KRW 70,000,000 in the H’s deposit account under the name of Plaintiff B, which is the son of Defendant D. However, the Defendants were three months from the date of the instant contract.

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