(영문) 서울중앙지방법원 2018.03.30 2016가단116327

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(영문) 서울중앙지방법원 2018.03.30 2016가단116327

위약벌

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1. The Defendant’s KRW 33,450,00 and the Plaintiff’s annual rate of KRW 5% from July 5, 2017 to March 30, 2018, and the following.

Reasons

1. Facts of recognition;

A. On July 30, 2013, the Plaintiff and the law firm partnership C entered into a contract with the Defendant for certified judicial scrivener services that the Defendant delegated to the Plaintiff, etc. with respect to the affairs of the B Housing Redevelopment and Improvement Project Association (hereinafter “instant contract”), and the main contents are as follows.

1) Article 3 (Scope of Affairs of Delegation): Article 4 (Scope of Affairs of Delegation): the analysis of all rights, such as ownership and limited real rights, registration of establishment of a mortgage, registration of ownership transfer of State and public land, registration of destruction of a building, registration of cancellation of previous land and registration of transfer of ownership of a new building and registration of transfer of ownership of a general seller, registration of registration of ownership transfer of a new building and registration of transfer of ownership of a general buyer, registration of establishment of a neighboring mortgage to union members or a general buyer, registration of establishment of a mortgage for union members or a general buyer, legal advice and consultation of the defendant, legal affairs related to the defendant, and other matters requested by the defendant:

3) Article 8 (Termination of the Contract) (1) The Defendant may terminate the contract only in the following cases, and the Plaintiff may not raise an objection thereto:

1. When the plaintiff loses his qualification as a certified judicial scrivener;

2. Where the plaintiff neglects or delays the registration affairs under Article 3, thereby causing an objective loss to his/her property;

3. In a case where the plaintiff's failure to faithfully implement the terms of this contract and thereby seriously impedes the defendant's work. (3) In a case where the defendant terminated this contract for reasons other than the above Paragraph (1), the defendant shall pay 30% of the amount set forth in the certified judicial scrivener's remuneration table which the plaintiff may receive in the event that the plaintiff performs the defendant's work as specified in Article 3 in the future to the plaintiff as penalty,

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