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(영문) 서울고등법원 2018.01.31 2017나2037698

보수지급

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1. The Defendant: (a) KRW 74,800,000 to the Intervenor succeeding to the Plaintiff and KRW 5% per annum from March 24, 2016 to January 31, 2018.

Reasons

1. Basic facts

A. The defendant's share transfer contract and money lending contract 1) The defendant is engaged in the development, manufacture, and sale of equipment, software, and semiconductors around December 2006. C (former trade name: D: hereinafter "C").

(2) On December 16, 2014, the Defendant entered into a share transfer agreement with the F Co., Ltd. (hereinafter “F”) with the registered common share of KRW 3,430,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

(hereinafter “instant share transfer contract”). The Defendant received from F the payment of KRW 5 billion for down payment and KRW 2.75 billion for part of the intermediate payment and intermediate payment, out of the purchase price under the instant share transfer contract, and claimed from F the payment of KRW 7.25 billion for the remainder of intermediate payment and the remainder, and KRW 7.0 billion for an agreed penalty of KRW 7 billion for breach of contract.

3) In addition, the Defendant lent KRW 1.8 billion to E on December 24, 2014, at the interest rate of KRW 6.9% per annum, and on March 24, 2015, the due date for repayment was determined and lent (hereinafter “instant loan agreement”).

(2) On July 1, 2015, the Defendant entered into a contract with the Plaintiff, a limited liability law firm established for the purpose of performing the duties, etc. of attorneys-at-law and notary public, etc. on July 1, 2015, under which the Plaintiff and the Defendant entered into a contract with the Plaintiff, a limited liability law firm incorporated for the purpose of performing the duties, etc. of attorneys-at-law and notary public, with a view to collecting the above claims against E and F.

The above contract includes a provision that the Defendant shall pay the Plaintiff the retainer fee of KRW 11 million (including value-added tax), and that the Defendant shall pay 3.5% of the amount collected (including value-added tax) as contingent remuneration when collecting the winning amount or the agreed amount in reality when collecting it in reality.

(hereinafter referred to as “first delegation contract”). 2 The Defendant.