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1. Defendant A Co., Ltd.: (a) KRW 6,440,54,945 for the Plaintiff and its annual period from May 21, 2015 to November 4, 2015.
Reasons
1. Determination as to the claim against Defendant A
(a)as shown in the reasons for the attachment of the claim;
, however, the cause of such claim
2.(b)
3,143,214,945 Won was changed not to claim compensation but to claim compensation for damages due to non-performance of contract.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable law (a judgment made by deeming confession as a result of a absence of the date for pleading);
C. The Plaintiff’s dismissal ground for the attached Form No. 1
2.(c)
(3) As described in paragraph (2), the reimbursement of KRW 5,394,015,00 due to violation of paragraph (2) shall be sought.
Inasmuch as an agreement on the penalty for breach of contract is set to secure the performance of an obligation, and its content differs from the scheduled amount of damages, it cannot be reduced by analogical application of Article 398(2) of the Civil Act regarding the scheduled amount of damages. However, in a case where the penalty agreed in comparison with the interests of creditors arising from the compulsory performance of the obligation is excessively excessive, such an agreement shall be null and void in whole or in part contrary to the public order and good morals (see, e.g., Supreme Court Decision 92Da46905, Mar. 23, 1993). Furthermore, it is reasonable to deem that the violation of mandatory provisions, such as such anti-social legal act, can
(2) On March 12, 2013, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) for KRW 11,986,70,000,00 of the construction cost of the land and the construction of the business facilities, including value-added tax, and on March 15, 2013, Defendant A and the “Defendant A may use a subcontract for the said construction work, but, except in the case of the Plaintiff’s written approval, Defendant A’s subcontractor’s direct payment of the subcontract price to the Plaintiff is not recognized and recognized. In the event of the foregoing situation without intention, Defendant A is punished against the penalty against the Plaintiff.