약정금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is an association established in Dobong-gu Seoul Metropolitan Government for the reconstruction of apartment buildings of the third underground and the 12th ground floor above (hereinafter “instant project”).
B. On January 28, 2015, the Defendant entered into a joint project agreement with D Co., Ltd. (hereinafter “D”) with the content that “D shall exercise overall control over all the business affairs of the instant case as a general agent, enter into a contract related to the said business in the name of D at the time of concluding a service contract related to the said business, and shall faithfully perform all the business affairs concerning the development of the project site and the post-management business, and receive development profits in return therefor.”
C. On June 28, 2016, D concluded a construction contract with the Defendant as a joint and several surety of the contractor, D, joint and several surety of the contractor and the subcontractor, E Co., Ltd. (hereinafter “E”) as a joint and several surety of the contractor and D’s representative director, and entered into a construction contract with the Defendant as KRW 23,510,568,30 for the instant project.
Around March 2018, the Plaintiff entered into a financial advisory agreement (hereinafter “instant agreement”) with the Defendant on the part of the Defendant on the part of the part payment loan for the intermediate payment of the instant project (hereinafter “instant loan”) with the content that the Plaintiff would act as an intermediary for the intermediate payment of the intermediate payment loan for the Defendant, and that the Defendant would pay the Plaintiff fees therefor. The main content of the agreement is as follows.
Article 3 (Contents of Financial Advice)
1. B (referring to the plaintiff; hereinafter the same shall apply) as a financial adviser on the self-sufficiency of KRW 22,600,000,000,000 for apartments necessary for the project in this case, shall carry out the following affairs related to financial advice:
① To arrange for the financing of part payments necessary for the instant project. ② to select a financial lending institution. (3) To facilitate this financial consulting service, the work of the relevant institutions shall be reduced.