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(영문) 인천지방법원부천지원 2019.10.23 2019가단14068
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running painting construction business and apartment building management business, and the Defendant is an autonomous management organization composed of the occupants in order to manage the 318 households of Eunpyeong-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”).

B. On December 13, 2013, the Defendant filed a lawsuit claiming damages against C Corporation that constructed and sold the instant apartment to the Seoul Central District Court in lieu of the defect repair of the said apartment. On November 15, 2015, the said court rendered a judgment on November 15, 2015 that “The Corporation shall pay to the Plaintiff 432,654,369 won, and 101,000 won among them, from October 21, 2014; the remainder 331,654,369 won, from November 6, 2015; and from November 25, 2015; and from November 25, 2015, the said judgment became final and conclusive on December 16, 2015.”

(2013Gahap90247, hereinafter referred to as “instant judgment”). C.

On July 29, 2014, before the judgment related to the instant case was rendered, a written contract for construction work was drawn up between the Plaintiff and the Defendant (hereinafter “instant contract”) and the orderer column of the said contract affixed the Defendant’s seal impression.

(1) The name of a construction project: The scope of maintenance and repair works of B apartment facilities. (2) The scope of construction works: The scope of recognition by agreement or judgment with a project undertaker or a guarantee company, and the scope designated by the management entity.

30% of the construction amount (the payment shall be made within 14 days after the receipt of winning a prize): 30% of the construction amount (the payment period: the payment period shall be 50%).

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