용역비
1. The part against the defendant ordering payment in excess of the following amount in the judgment of the first instance shall be revoked, and the revoked part shall be revoked:
Facts of recognition
While running a stock company C (hereinafter referred to as “C”), the Defendant promoted the condominium enforcement business (hereinafter referred to as “instant business”) on the D and one parcel outside Jeju City.
C In order to raise funds for the instant project, on March 27, 2014, upon the Plaintiff’s recommendation, the Plaintiff entered into a monetary loan agreement with E to transfer KRW 500 million from E Co., Ltd. (hereinafter “E”) to September 27, 2014, but at the time of repayment due, 60% of the company’s shares related to the instant project (including management rights) and all business rights (all kinds of authorizations and permissions) when repayment is not performed by the due date.
C In other words, on September 11, 2014, after borrowing additional KRW 500 million from E, C entered into a contract for borrowing corporate operating funds (hereinafter “instant loan agreement”) with the following contents.
Article 2 of the Loan Agreement for Corporate Operation Funds (Terms and Conditions of Loan and Repayment)
1. A (C) borrowed KRW 500 million ( 500,000,000) from B (E) on September 11, 2014, and intends to repay the loan to B by November 30, 201.
3. Within a week after the conclusion of this contract, A shall enter into a contract for the transfer of management and operation business rights as a corporation incorporated with "new corporation" as an operating corporation of this article and shall be submitted to B and implemented as follows:
- transfer 50 per cent of the shares of the management and operation enterprise to B;
-the representatives of the management and operation project corporations shall register the joint operation representatives designated by B (designated persons other than stocks) in addition to the representatives of A, and shall specify in the articles of incorporation details of the joint operation rights and corporate profits.
Article 3 (Repayment of Loans and 2.3 Obligations to Follow-up Performance for Non-performance of Loan) A recognizes the transfer of all Company C’s 60% (including management rights) and all business licenses (including all kinds of licenses and permits) to B in relation to the project area in operation as of the date of default on the repayment of the loan.
§ 5.