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(영문) 서울중앙지방법원 2015.09.18 2014가합569702
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff opened the instant account on November 2, 2012, and around 2, 2012, the Plaintiff is a company established under the Ptetds Pted, Singapore Act, and hereinafter referred to as “foreign company”).

) Between ASEAN and Aeura Co., Ltd. (hereinafter referred to as “Aeura”)

(A) A consulting service contract for the establishment of a special purpose corporation with the objective of acquiring shares (hereinafter referred to as “instant service contract”).

The contract has been concluded, and the contents relating to the instant case are as follows:

1. The remuneration for the attraction of investment and consultation of this case shall be KRW 1.5 billion;

2.The remuneration for the above advice shall be paid in the following manner:

1) The non-party company shall deposit KRW 150,000,000,000 for total service fees of 10% (10,000,000 won in the name of the non-party company and the non-party company’s joint seal) within seven business days from the date of the conclusion of the share transfer contract with the institutional investors of ABC. 3) in the ESCRW account (the non-party company may recover the funds deposited in the account in this case where it is confirmed that the share transfer contract would not be concluded, or where it is confirmed that the completion under the share transfer agreement would not occur.

2) On January 4, 2013, the Plaintiff’s representative B, along with E, under the direction of the attorney-at-law by the law firm agent of Nonparty C, and pursuant to the instant service contract, the Defendant bank’s account (number: 630-008291-31, hereinafter “instant account”) in the name of Nonparty Company at the Samsung East branch of the Defendant bank.

(B) At the time of the establishment of the instant contract, the Nonparty Company jointly registered the Nonparty Company’s seal impression and the Plaintiff’s seal impression with the transaction seal stamp. B. The Nonparty Company’s seal impression change and withdrawal of the instant deposit, etc. (1) after the conclusion of the instant service contract, against the Plaintiff.

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