(영문) 인천지방법원 2020.11.24 2019가합61006

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(영문) 인천지방법원 2020.11.24 2019가합61006

부당이득반환청구의 소

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that carries out the business of constructing a golf course (hereinafter “instant business”) on the ground outside Incheon-gun C and 18 parcels (hereinafter “instant golf course”). The Plaintiff is a company that carries out the business of providing financial advice, including arranging funds necessary for promoting the development project to the executor who promotes the real estate development business.

B. On November 25, 2016, the Plaintiff’s purpose of this Agreement with the Defendant for the instant project is to provide the Defendant with financial advice regarding the instant project promoted by the Plaintiff, and to determine all matters necessary for the Plaintiff’s payment of fees for the “financial advice” to the Defendant. Article 3 (Selection of Financial Advisory Agents)

1. The plaintiff shall select the defendant as a financial adviser on the "financial advisory" for the successful implementation of the business of this case, and the defendant shall accept it.

2. The defendant shall carry out the following duties as a financial adviser under the preceding paragraph:

1. Article 4 (Financial Advice) of the Act on the Management of Business Affairs Related to Financial Advice, including Loan for Project Costs, Loan for Security, Asset-Backed Loan, PF Loan, and Loan-type Land Trust

1. The defendant shall provide necessary advice to finance institutions related to the "financial advice" for the promotion of the project of this case.

2. The amount of financing relating to this case’s “financial advice” shall not exceed 35 billion won, but may be adjusted by mutual agreement between the Plaintiff and the Defendant.

Article 5 (Period of Contract) This contract shall take effect on the date of conclusion of the contract, and the period of consultation shall be three months from the date of conclusion of the contract.

However, the plaintiff and the defendant may reduce or extend the contract period under mutual agreement.

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