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(영문) 서울북부지방법원 2018.10.02 2018가단127696
기타(금전)
Text

1. Of the instant lawsuit, the portion of the claim for penalty of KRW 50,000,000 shall be dismissed.

2. The defendants are jointly and severally liable to the plaintiff 50.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. On March 9, 2018, the conciliation was concluded between the parties with respect to the case of the agreed amount between the Plaintiff and the Defendants at this court 2018 money 30189, and Article 4 of the conciliation protocol provides that “Defendant B shall complete the completion and completion inspection of the remaining construction work until May 31, 2018, and shall jointly and severally pay 50,000 won to the Plaintiff by June 30, 2018, in the event that the remaining construction work is not implemented until then, the Defendants shall jointly and severally pay 50,000 won to the Plaintiff,” and thus, the benefit of protecting the rights of the Plaintiff who already has a valid title is not recognized. Therefore, the part of the claim for penalty of KRW 50,00,000 among the instant lawsuit is unlawful.

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