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(영문) 서울남부지방법원 2018.11.09 2017가합113731
약정금
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 19% per annum from September 1, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant entered into a loan arrangement contract with the Defendant is an executor of the DNA business that constructs three underground floors, officetels with ten stories above ground, and neighborhood living facilities (hereinafter “instant business”).

On January 5, 2017, the Defendant entered into a loan arrangement contract (hereinafter “instant contract”) with E Co., Ltd. (hereinafter “Co., Ltd.”) for the purpose of raising funds necessary for the instant business.

B. On May 24, 2017, G notified the Defendant on May 24, 2017, that the internal investment approval was completed on the condition of loans worth KRW 130 billion (G 30 billion, I70 billion, and J 30 billion) in relation to the instant project.

(A) Around February 10, 2017, H sent to E a letter of intent to participate in the finance of KRW 30 billion as a subordinate investor of the instant project. Around April 2017, E engaged in the instant business against H, such as sending data on the instant business to H. (4) around 2017. A staff member F in charge of the instant loan brokerage business related to the instant business was dismissed from office on June 1, 2017.

C. On July 10, 2017, the Defendant received financial advice, including loan arrangement business necessary for the instant project, from K on July 10, 2017, and increased the financing consulting fee to KRW 1% (4.75 billion on August 25, 2017) of the financing consulting fee.

(2) On August 25, 2017, the Defendant is a special purpose corporation established by K with a view to raising funds and providing loans to the borrower by issuing a 125 billion won or MBSB (asset-backed electronic short-term electronic bond) from L on August 25, 2017.

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