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(영문) 서울중앙지방법원 2018.11.27 2018가단5079229
위약금
Text

1. Defendant C and D jointly share KRW 5,470,470 to the Plaintiff, as well as the year from April 24, 2018 to November 27, 2018.

Reasons

1. On April 5, 2011, the gist of the cause of the Plaintiff’s claim entered into a contract for certified judicial scrivener services with Defendant B’s urban environment rearrangement project association (hereinafter “Defendant Association”), and the Plaintiff entered into a contract for the change of the certified judicial scrivener services (hereinafter “instant contract”) on May 16, 201, where the Plaintiff provided services, such as the analysis of rights, such as ownership, etc., to the Defendant Association members, registration of establishment of a trust, registration of transfer of State-owned or public land ownership, registration of destruction of buildings, cancellation of previous land, registration of destruction, etc., legal advice, consultation, and related legal affairs.

If the building is destroyed, the Plaintiff did not impose an administrative fine on the union members who should register the destruction within one month, and thus, the Defendant Union must have the Plaintiff or another certified judicial scrivener take procedures for the registration of the destruction of the building when the building is removed. As such, the Plaintiff faithfully performed its duties under the above contract, such as informing Defendant C and Defendant D, the president of the Defendant Union, a general director, of various times.

Nevertheless, the above application for the registration of destruction was not properly filed and thus, it was anticipated that the administrative fine will be imposed on the union members. Accordingly, Defendant C and D delegated the Plaintiff with the duty of registration of ownership preservation of new buildings to be handled in accordance with the progress of the improvement project in the future and extended the term of the contract until the completion of the registration of ownership preservation work so that the Plaintiff may actually continue to perform the affairs related to the certified judicial scrivener of the Defendant Union.

The plaintiff consented to this and the contract of this case was modified to the same content.

Since then, an administrative fine of KRW 5,470,470 was imposed on the defendant's 82 members, and the plaintiff paid the total amount of KRW 5,470,470 on behalf of the union members until January 19, 2017.

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