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(영문) 서울고등법원 2017.09.01 2017나2012699

용역비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The relevant part of the reasoning of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act with respect to a judgment on the basic facts and the cause of a claim

2. Judgment on the defendant's assertion

A. The defendant's assertion 1) The Nonghyup Bank was the defendant and C's principal creditor bank, and was in a position of significant influence in the course of the defendant's implementation of management normalization through the creditor financial council. The Nonghyup Bank used the transaction status of the defendant to select the plaintiff, which is an affiliate of the Nonghyup Bank, as the defendant's sales adviser, and forced the defendant to enter into the agreement of this case including excessive success fee agreements between the plaintiff and the defendant. This constitutes "act of unfairly using one of the unfair trade practices prohibited under Article 23 (1) 4 of the Monopoly Regulation and Fair Trade Act", which is one of the unfair trade practices prohibited under Article 23 (1) 4 of the Monopoly Regulation and Fair Trade Act and "act of making a transaction with the other party" under Article 36 (1) [Attachment 1-2] b of the Enforcement Decree of the same Act. The success agreement in the advisory contract of this case is null and void as it was concluded through the above unlawful act.