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(영문) 서울중앙지방법원 2018.11.08 2018가단5040917
위약금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 49,80,000 and the interest rate thereon from December 22, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On May 10, 2016, Defendant C entered into a construction participation contract which causes a contract amount of 498,000,000 with respect to the construction of an apartment pipeline for the Newly-built construction with the Plaintiff, the ordering person, and at the time, Defendant C guaranteed Defendant C’s obligations under the said construction participation contract.

B. On November 30, 2016, Defendant C renounced the construction under the above contract due to lack of personnel mobilization capacity, etc.

C. Meanwhile, according to Article 8(4) of the above contract for participation in construction, Defendant C is required to pay to the Plaintiff penalty equivalent to 10% of the contract price when he/she renounces the contract while performing construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, Defendant C and its commercial guarantor D are jointly and severally liable to pay to the Plaintiff the penalty of KRW 49,800,000 due to the waiver of the contract for the construction of this case, and the damages for delay at the rate of KRW 15% per annum from December 22, 2017, the next day from the delivery date of the original copy of the payment order of this case, to the day of full payment, unless there are special circumstances.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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