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(영문) 서울중앙지방법원 2016.08.26 2016나19830

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2, 2014, a decision to commence rehabilitation procedures was rendered on May 2, 2014 with respect to A Company (hereinafter “Nonindicted Company”).

(Seoul Central District Court 2014 Ma51). After that, on February 26, 2015, the rehabilitation plan was approved by the court, and on July 20, 2015, the plaintiff was appointed as the administrator of the non-party company.

B. On July 2014, following the issuance of a decision to commence rehabilitation procedures with respect to the non-party company, a management consulting agreement between the major shareholder B and the Defendant, indicating the Defendant as a party to the contract (hereinafter “instant advisory agreement”) was concluded, and at the time of the conclusion of the contract, the Defendant received KRW 500,000 as the retainer payment.

The details of the instant advisory contract are as follows.

The shareholders of A Co., Ltd. (hereinafter referred to as "A") shall develop, remodel, lease, sell, and manage two parcels of real estate outside Songpa-gu Seoul Metropolitan Government D, Songpa-gu, and hereinafter referred to as "this project").

(i)financial analysis (including the relationship of real estate rights in rehabilitation proceedings, the review, and analysis of contracts) and all procedures related to financing (hereinafter referred to as "investment inducement") in relation to financing;

(B) C(U) E (hereinafter referred to as “B”) for the advice of the Director;

(A) designate B as a financial consulting and consulting company and receive advice on the “investment inducement”, “managers”, and “explosive strategy” from “B” and agree as follows. In relation to the affairs referred to in Article 2 (Scope of Consultation Services), the advice and consulting services provided by “B” to “A” are as follows: (a) Analysis of the financial status of “A” and advice on ways to improve them (based on two cases of rehabilitation).

A person shall be appointed.

(b) investors, fund brokers (g) interference with, and attraction (comprehensive consultation) in connection with “inducing of funds”;

(c) consulting on the structure of goods and various financing schemes related to “inducing of funds”;

(d) Advice on the composition of a consortium and all the terms and conditions of the financial institution related to the raising of funds;

(e)the “A” is deemed necessary for the success of the work.