(영문) 대구지방법원 2018.05.04 2017가단112680

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(영문) 대구지방법원 2018.05.04 2017가단112680

주식반환 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is the executor of the racing Crest hotel business (hereinafter “instant business”), and the Plaintiff is the representative director B.

B. On May 2, 2016, B, the Plaintiff, and the Defendant concluded a consulting service contract (hereinafter “instant contract”) with respect to the instant project, and the main contents are as follows.

Article 4 (Scope of Business Performance)

1. The defendant shall provide consulting services on the agreement between the Korea Asset Trust and the sale-type land trust agreement so that the execution project of B on the project site of the project site can be carried out smoothly, so that the B and the Korea Asset Trust can enter into the agreement on the project.

2. In addition to the amount of KRW 4.8 billion that is agreed to borrow from a new bank on May 4, 2016, B, as well as the amount of KRW 600,000,00 necessary for completing the purchase of land in the project site, shall be attracting investment from investors.

3. On May 3, 2016, KRW 300,000,00,000, which is 600,000 investment from investors to B, shall be disbursed to the part deemed necessary by the Defendant, such as the fee, interest, etc. that is disbursed by the Defendant for the purchase of the project site by Escro and B, and that is managed and disbursed by the Defendant at the request of investors, B and the Plaintiff

On this issue, B and the Plaintiff do not raise any objection.

If the defendant performs any of the above 3 paragraphs, the consulting services under this contract shall be completed.

Article 5 (Period of Practice)

1. The defendant's performance of duties under this Agreement is as follows:

-Date of commencement: The date of conclusion of consulting services contract - The date of completion: B and the date on which the Korea Asset Trust Co., Ltd. enters into an agreement on the land trust business for sale in lots or the date on which B purchases the project site, whichever comes as soon as possible.

Article 6 (Service Fees)

1. The service charges following the Defendant’s performance of duties shall be determined as follows, and the B and the Plaintiff shall perform them:

- The defendant's duty consulting services.

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