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(영문) 서울중앙지방법원 2015.08.13 2014가합37090

약정금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 55,00,000 and Defendant C with respect thereto from July 31, 2014, and Defendant B.

Reasons

1. Basic facts

A. On June 5, 2014, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a foreign capital business support agreement (hereinafter “instant agreement”) with the following content.

1. In the instant contract, A is the Defendant Company, and B are the Plaintiff.

I shall request Section B to provide business support necessary for the introduction of foreign capital on June 5, 2014 in order to conduct the business of Gwangju, Jeju, and Jeju, and one other business.

2. The business of introducing foreign capital that Party A requests to Party B is the business of securing the property of an individual or an enterprise or depositing cash in a bank of a country in which the foreign capital provider resides, and taking legal and personal responsibility for Party A’s receipt of a payment guarantee, credit, business loan-related guarantee, or cash investment, which is issued by a bank of a foreign capital provider.

3. Indication of foreign capital inducement: US$ 20 million.

4. The period of commencement and completion of the business: From June 5, 2014 to October 90, 201: A shall agree to pay 600 million won to B for the cost of the business of introducing foreign capital, and pay 60 million won to B for the contract of this business, 60 million won shall be paid to the agency upon completion of the document, and upon approval by submission to the agency after completion of the document, 60 million won shall be paid and upon completion of the contract between A and foreign provider of capital, the balance shall be 480 million won shall be paid to B for the bank account designated by B within 25 days after arrival of the money or any other fund-related document.

14. Termination of a contract: The termination of a contract may be demanded when it is determined that there exists an act resulting in a change in the terms of the above agreement or an act for which it is impossible to continue the business, and if the dispute is not resolved smoothly, it shall be resolved under the conditions as prescribed by Act.