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(영문) 서울중앙지방법원 2019.10.08 2018가단5207062

약정금

Text

1. As to the Plaintiff KRW 3,00,000 and KRW 22,00,00 among them, the Defendant shall pay to the Plaintiff KRW 11,00,000 from July 20, 2017.

Reasons

1. Facts of recognition;

A. The Korea Development Corporation (hereinafter “instant development project”) promoted the Jung-gu Incheon Metropolitan Government C project (hereinafter “instant development project”) on April 20, 2017, announced the public announcement of the selection of the project implementer of the instant development project.

According to the above public announcement of tender, the project implementer, who is in charge of the construction, management, and operation of the above public golf course facilities, selected persons eligible for preferential negotiations through competitive bidding pursuant to the "Detailed Criteria for Special Cases concerning Contracts for Rental Business of Real Estate for D Corporation" and finally selected them by concluding a concession agreement through negotiations. The deadline for submission of the project proposal was July 19, 2017.

B. Around May 2017, the Defendant wishing to be selected as the project implementer of the instant development project, which entered into a contract for financial advisory services, concluded a service contract for various financial advisory services necessary in the process of preparing project proposals (hereinafter “instant service contract”) with the Defendant as the principal project implementer, and to organize a consortium (hereinafter “G”), together with the LAF, a related company, with the LAD and the LAF, to participate in competitive bidding for the instant development project, and entered into a contract for the instant development project with the Plaintiff, an accounting firm, as follows.

The scope of the Plaintiff’s service: The Defendant Company shall consult on all the details of the proposal for the project to be submitted to the D Corporation by July 19, 2017.

(1) Remuneration for services: 20,000,000 basic remuneration for the performance of the above Plaintiff’s duties; and 2) When the Defendant Company concludes a concession agreement with D Corporation through the project proposal prepared by the Plaintiff for the development project, it shall pay the Plaintiff the contingent fee of KRW 10,00,000.

(Separate Table of Value-Added Tax)

C. The Plaintiff’s performance of the Plaintiff’s financial advisory duty refers to the ratio of shares of the consortium participating companies or project cost requested by the Defendant, while residing in the office prepared by the Defendant from June 2017 in accordance with the instant service contract.