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(영문) 서울고등법원 2019.01.16 2018나2039219

추심금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claims corresponding to the above revocation portion are individually filed.

Reasons

1. Basic facts

A. On July 14, 2014, the Plaintiff Company prepared a financial advisory agreement between the Plaintiff Company and the Defendant (Evidence A 3-1) with the Defendant on the following content:

(hereinafter referred to as the “instant advisory contract” and the term “instant advisory contract” are referred to as the “instant advisory contract.” Article 1 (Purpose of the instant contract) aims to mutually cooperate in order for B (Plaintiff Company; hereinafter the same shall apply) to smoothly carry out the business of A (Defendant; hereinafter the same shall apply) by faithfully providing financial advice in accordance with the terms and conditions stipulated in this contract.

Article 2 (Roles's Roles of Financial Advisory Sector) The main duties of Article 2 (Roles's Roles) to be provided to A in financial advisory services shall be as follows:

1) Advice 2 for the enhancement of financial assets ) Establishment of a financial strategy for the stabilization of the financial structure and advice 3 Raisk lusk lusk lusk 4) Financial advice for the stabilization of the financial structure , Article 3 (Methods of Financial Assistance) Financial Advice for the purpose of attracting financial investors , shall be conducted through interviews and discussions at the time and place as determined by the agreement between “A” and “B”, and, if necessary, may be conducted by wire and wireless communication means.

Article 4 (Term of Contract) The term of this consulting contract shall be 36 months from the date of conclusion of the contract and may be extended by agreement.

Provided, That the contract shall be automatically extended if the contract is not expressed one month prior to the expiration of the period.

Article 5 (Payment of Fees) Financial advisory fees shall be paid KRW 200,000 per month to “B” at the same time as the contract is concluded, and shall be paid KRW 10,000 per month on the fifth day of each month, but if the fifth day is a public holiday, it shall be paid on the preceding business day (excluding surtax).However, “A” shall be paid in advance on the contract date and the remainder shall be paid by the last day of July. 2) Financial investors of “A”.