A. On July 26, 2011, the Plaintiff entered into a consulting service agreement with the Defendant on the implementation of the project, such as administrative affairs, with respect to the new construction project of the main complex of Yongsan-si, the main complex of the Yongsan-si, with the Defendant, and was paid KRW 100 million as advisory fees and remuneration titles. The Plaintiff agreed to preferentially pay the sale fees after the completion of the new building.

B. At present, the completion of the said new construction development project, an officetel has already been completed and part of a commercial building has been sold in lots, and the Defendant paid to the Plaintiff KRW 50 million at the advisory fee five times from December 10, 2012 to September 30, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, and 10; the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million unpaid advisory fee and the damages for delay calculated at the rate of 20% per annum from June 3, 2015 to September 30, 2015 prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day of the service of the original copy of the instant payment order to the Plaintiff.

B. As to the judgment on the defendant's assertion, the defendant's agreement on advisory fees between the defendant and the plaintiff is subject to the resolution of the board of directors of the defendant as the defendant's act of bearing obligations. Since the defendant did not go through the resolution of the board of directors while entering into the advisory fee agreement of this case, Article 37 of the defendant's articles of incorporation provides that "the detailed rules necessary for the implementation and management of the party company shall be decided and implemented by the board of directors" shall be deemed to be invalid. Accordingly, Article 3 subparagraph 3 of the detailed rules is one of the resolution of the board of directors, but it is recognized that "matters concerning the exercise of rights and performance of obligations of all the contents of the contract, such as payment of land, approval for land use, etc." is one of the resolution of the board of directors. On the other hand, according