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(영문) 서울북부지방법원 2021.02.09 2019가단15912
위약금
Text

The defendant shall pay to the plaintiff 200,000,000 won with 12% per annum from February 1, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) On June 20, 2018, the Plaintiff entered into a contract for the extension of commercial housing (i.e., a contract for the extension of commercial housing) with C for the construction cost of KRW 310,000,000 and the construction period from July 16, 2018 to November 30, 2018.

2) On July 15, 2018, the Plaintiff subcontracted the instant construction work to E with the construction cost of KRW 260,000,000.

3) Meanwhile, since the Plaintiff did not hold a construction license related to the instant construction project, the Plaintiff borrowed the name from F Co., Ltd. (hereinafter “F”) and submitted the commencement date for the instant construction project in the name of the said company.

B. 1) E, along with the Defendant, performed the instant construction project, but around March 2019, was locked, and accordingly suspended the instant construction project.

The owner: The owner’s agent: the contractor’s agent: the defendant

1. Remaining construction expenses: 60,000,000 won for additional construction expenses: 25,000,000 won; and

3. Period of 30 days (from May 30, 2019 to June 28, 2019).

4. The method of approving construction expenses: Cash and a letter of payment shall be concurrently executed;

(W) 50,000,000 won/Payments 20,000,000 after completion / Amount paid in 15,000,000)

5. Receipt of all documents necessary for completion shall be made within one month after completion of construction works, and shall be submitted to a design office by June 25, 2019.

6. The project owner responsible for the cause attributable to him (including the substitute) and the contractor (including the substitute) shall pay 200 million won penalty without filing any objection if they fail to comply with the foregoing.

The liability for penalty for breach of contract due to the above liability shall be fully responsible, including the owner and the contractor.

2) On March 2019, the Defendant entered into a contract with the Plaintiff for the instant construction work and carried out the said construction work orally, and for the same year.

5. Around 24, around the same day, written agreement concerning the instant construction project containing the following (hereinafter “written agreement”).

3) The Plaintiff is dissatisfied with this Opinion.

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