계약금액 반환
1. The Defendant’s KRW 79,200,000 as well as 5% per annum from February 5, 2016 to June 17, 2016 to the Plaintiff.
1. Around February 5, 2015, the Plaintiff entered into a management consulting service contract with the Defendant (hereinafter “instant contract”) and paid KRW 79,200,000,000, which is included in value-added tax, to a company engaging in business related to furnitures and books for young children:
- Contract price of service costs: 72,00,000 won contingent remuneration: 8.6% below 5 billion won, 9.2% below 10 billion, 9.6% below 20 billion, 9.6% below 20 billion, and 9.8% above 20 billion won: Services details;
(a) An unemployed worker;
(b) Attraction of investments and sale of M&A;
C. Contract term - Refund of down payment: On February 4, 2016 after the beginning date of February 5, 2015, if the Defendant failed to succeed the Plaintiff’s “investment inducement or M&A” at least once, the Defendant shall refund the full amount of the down payment after the termination of the contract to the Plaintiff, and if the “investment inducement or M&A” is nonexistent due to the Plaintiff’s cause attributable to the Plaintiff, the Defendant shall not be liable to refund to the Plaintiff.
- Extension of contract: If the Defendant requests the Plaintiff to extend the contract term of one year, the Plaintiff must consent thereto.
The down payment following the extension of the contract shall not be added.
- Payment of contingent fees: Amount obtained by multiplying the amount of investment attractions, sales proceeds, and total exchange shares by the ratio concluded in this contract - This contract shall terminate automatically on the date of termination of the contract.
2. The parties' assertion
A. The Plaintiff’s assertion was automatically terminated on February 4, 2016, which was the end of the contract, and the Defendant failed to succeed the Plaintiff’s “investment attraction or M&A” at least once. As such, the Defendant shall return the down payment to the Plaintiff.
B. According to the Defendant’s assertion 1 contract, where the Defendant requests the Plaintiff to extend the contract term of one year, the Plaintiff shall consent thereto. The Defendant, before February 4, 2016, requested the Plaintiff to extend the one-year period of the instant contract to the Plaintiff on or around December 23, 2015 after the basic agreement on the re-contract with the Plaintiff on or before February 4, 2015. As such, the instant contract becomes effective on February 4, 2017.