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(영문) 서울중앙지방법원 2017.11.17 2017가합553715
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. On May 22, 2016, the Plaintiff and the Defendant entered into a financial consulting agreement (hereinafter “instant advisory agreement”) with respect to the sale of outstanding shares of a stock company C (hereinafter “instant company”) held by the Plaintiff, on condition that the Defendant provided advisory services to the Plaintiff and paid service fees to the Defendant. Under the instant advisory agreement, the Plaintiff may, if necessary, receive performance, progress, and completion reports from the Defendant (Article 4(1)), and the term of the agreement shall be six months in principle, and may be extended under mutual agreement.

(6) On May 30, 2016, the Plaintiff entered into a contract with D Co., Ltd., E Co., Ltd., and G Co., Ltd. (hereinafter collectively referred to as “G, etc.”), under which the Plaintiff is holding the representative director of D Co., Ltd., E Co., Ltd., and F Co., Ltd. ( collectively referred to as “G, etc.”). The Plaintiff sold registered common shares of the instant company to G, etc., and the Plaintiff decides to transfer the management right of the instant company. The price is KRW 1.22 billion (per share) and the intermediate payment is KRW 120,000,000,000,000,000 for the intermediate payment is KRW 60,000 until June 30, 2016, and the balance amount is KRW 480,000,000,000 to be paid by July 10, 2016 (hereinafter “instant acquisition agreement”).

On June 22, 2016, the Plaintiff entered into an annexed contract with the Defendant for the instant advisory contract (hereinafter “instant annexed contract”).

According to the annexed contract of this case, G, etc. paid or to be paid to H as the down payment and intermediate payment of the transfer agreement of this case, KRW 120 million out of the intermediate payment, KRW 50 million out of the intermediate payment, KRW 50 million in total, and KRW 220 million out of the intermediate payment, if deposited at each payment date, the service fees to be paid to the Defendant under the advisory contract of this case shall be deemed to have been offset and managed, and H, among the intermediate payment of the transfer agreement of this case, KRW 50 million in the part payment of the transfer agreement of this case.

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