채무부존재확인
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 99,00,000 as well as the full payment from November 4, 2017.
1. Facts of recognition;
A. The Plaintiff, as an executor of the construction of a new building “D” constructed on the ground of Dongdaemun-gu Seoul Metropolitan Government, requested E Co., Ltd. (hereinafter “E”) to provide loan advice, such as arranging financing, with respect to the instant secured loan (hereinafter “instant secured loan”).
B. On April 26, 2017, E obtained a loan approval of KRW 5 billion from the F Bank (However, in May 2017, the amount of the loan was reduced to KRW 4 billion) with respect to the instant secured loan, but the Plaintiff failed to procure the required amount, and the Plaintiff also requested the Defendant to provide financial advice, such as arranging a financing.
Article 4 (Term of Contract)
1.The duration of this Agreement shall be no later than two months after the date of conclusion of the Agreement.
However, if there is an important outcome necessary for the project (D loan) with the defendant's good offices prior to the expiration date of the contract term, this contract shall be extended by the due date of the settlement of the project.
2.The important performance of the preceding paragraph means any of the following:
(1) The submission of (2) the approval of the investment of a financial institution related to the funds required for the project or (3) the submission of the letter of commitment to the loan (any part of the total amount) to the funds-related investment institution required for the project (the total amount is valid) (3) the selection of a contractor who is able to reinforce the credit for the project (4) the enhancement of financing, such as other extension of credit for the progress of the project, under Article 8 (Penalties).
2. Where a financial institution arranged by the defendant approves the financing of the project, the defendant's advisory service under this contract shall be deemed to be normally completed, and where the plaintiff does not enter into or withdraw an agreement with the relevant financial institution within three months, the plaintiff shall, regardless of Article 11 of this contract, be deemed to have been completed.