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(영문) 서울고등법원 2015.12.18 2015나15551

금융자문수수료 반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff is one billion won against the bankrupt, Busan Savings Bank.

Reasons

Facts of recognition

On June 29, 2010, the Plaintiff entered into a loan agreement and a financial advisory agreement with the Jongno-gu Seoul Metropolitan Government Busan Savings Bank, Busan Savings Bank, a stock company, Busan 2 Savings Bank (hereinafter referred to as "stock company") on June 29, 2010, with < Amended by Presidential Decree No. 22134, Jun. 30, 2010; Presidential Decree No. 22293, Jun. 30, 2011; Presidential Decree No. 22283, Jun. 30, 2011; Presidential Decree No. 22347, Jun. 30, 201; Presidential Decree No. 23283, Jun. 29, 2010>

The contents of the contract are as follows:

Article 3 [Interests, Fees, and Expenses] (3) The borrower shall pay to the lender the fees for financial advice as agreed separately.

Fees paid by the borrower shall not be refunded in any case.

The purpose of this contract is to form all the terms and conditions of a loan so that the borrower can obtain a loan from the lender, enter into an agreement for a loan, and pay fees for the roles and activities performed by the lender in addition to the loan in order to carry out the loan in accordance with the terms and conditions of the loan agreement, and to provide for the rights and obligations between the borrower and the lender for this purpose.

Article 3 (Contents of Incidental Services, etc. for Loan ) (Contents of Incidental Services, etc.) 1 Authorization and Permission Procedures for Review of Specific Contents, and for repayment of 4 loans to cover a consortium loan agreement for the direct role loan loan to the 3th appraisal and assessment of the appraisal and assessment of the project project project project project plan analysis and the 2nd appraisal and assessment of the project project project feasibility.