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(영문) 의정부지방법원 고양지원 2018.07.06 2017가합75883
약정금
Text

1. Defendant L, A, and J respectively: KRW 2,00,000; and KRW 2,00,000,000 for the remaining plaintiffs except for Plaintiff A and J.

Reasons

1. Basic facts

A. The plaintiffs are engaged in the wholesale and retail business in the plastic greenhouse complex that was built in the Goyang-gu M land in Gyeyang-gu, Yangyang-si, and the defendant K Co., Ltd. (hereinafter "Defendant K") ordered at the Goyang-si (hereinafter "the construction section"): the N corporation ordered at the Goyang-si, Yangyang-gu, Seoul P; hereinafter "the construction of this case") and the defendant L is the site manager of the above construction.

Defendant K, by February 28, 2017, completes the construction of T in the instant construction and the six-lane expansion works of road king (U, V, W, X,Y, Z, AA, and AB) without good cause, as follows:

Dried cases

2. If the completion of the construction is not carried out by the date on which the above completion of the construction is not carried out, the developer, who is the head of the site of the defendant K, shall pay 50,000 won a day from March 1, 2017 to the plaintiff I, etc. of the plaintiff, the plaintiff, the plaintiff, the operator of the plaintiff, X, the plaintiff, the plaintiff, the plaintiff, the E, and the Z, the operator of the plaintiff, the plaintiff, the operator of the plaintiff, the plaintiff of the plaintiff, the Ha and the operator of the plaintiff, the plaintiff of the plaintiff of the plaintiff, the HaB, the plaintiff, etc., for each day, from March 1, 2017 to the date on which the construction is completed.

4.1. From January 1, 200 to 1,000 won, each of them shall be filled up with a letter of performance according to the cycle.

(hereinafter referred to as “instant penalty clause”). 3. Moreover, the arbitr shall immediately repay the total amount of litigation costs 1,637,400 won in case number 2016Kao179.

4. The Preparation shall prepare the said letter with the head of the site office of Defendant K as an individual responsible for the said letter, and shall attach his personal seal impression without raising an objection to the civil or criminal punishment in the event that he fails to comply with it.

originator Q Q Il-dong Ha

B. On December 20, 2016, Defendant L prepared and delivered to the Plaintiffs a performance note (No. 4, hereinafter “instant performance note”) with the following content. The signature of Defendant L was affixed on the side of “Ler” at the lower end of the performance note, and the above is affixed with the official seal of Defendant K’s site agent.

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