법률자문료 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is a law firm that performs the duties of attorney-at-law.
The defendant is a company that runs the real estate sales business, etc., a company that newly constructs and sells officetels, neighborhood living facilities, etc. in Kimpo-si C and D (hereinafter referred to as the "instant business").
B. On January 8, 2019, the Defendant concluded a sales contract to purchase the instant project site, and concluded a legal advice contract with the Plaintiff to obtain a project financing loan equivalent to 18 billion won from E, etc. to procure project costs, such as the purchase price and construction cost, and entered into a legal advice contract with the Plaintiff on or around February 2019.
The Defendant agreed to pay KRW 20,000,000 (excluding value-added tax) to the Plaintiff “at the time of completing the record of loans, which is the date on which the business is completed”.
C. On February 27, 2019, the Plaintiff, a proxy financial institution, completed a loan agreement through a series of consultations with the Defendant, E, and on February 27, 2019, all of the parties to the loan agreement including the Defendant, signed the instant loan agreement with their seals on the loan agreement and completed the Plaintiff’s legal advice services.
However, the Defendant failed to comply with the terms and conditions of the instant loan agreement, such as the payment of equity capital to satisfy 20% of the equity capital, and instead, received a loan after concluding a new loan agreement with the new lender around March 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. Determination
A. Whether the legal advice contract of this case takes effect or not, the defendant requested legal advice to the plaintiff by the lender who is not the defendant, and the legal advice contract prepared by the defendant is premised on the execution of the loan.