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(영문) 서울중앙지방법원 2018.08.20 2017가합512639
위약금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established mainly for the purpose of financial consulting services, such as arranging for financing, and Defendant B’s regional housing association (hereinafter “Defendant B’s association”) is a regional housing association established to carry out apartment development projects (hereinafter “instant development projects”) at the size of 289,602.56 square meters in Pyeongtaek-si D, and Defendant C’s regional housing association (hereinafter “Defendant C”) is a regional housing association established to carry out apartment development projects (hereinafter “instant development projects”) at the size of 224.314.95 square meters in Pyeongtaek-si E-si and 224.95 square meters in total.

B. On August 25, 2016, the Plaintiff prepared and sent to the Defendants each financial advisory contract that the Plaintiff would provide advice for the said loan transaction in relation to the lending transaction (in the case of a financing method that temporarily raises necessary funds by short-term loan, etc., if sufficient funds will take place until the time sufficient funds are raised to the Defendants for the implementation of the instant development project). On September 6, 2016, the Defendants affixed a seal on each of the above financial advisory contract and sent it to the Plaintiff along with a certificate of association seal impression and a certificate of representative’s seal impression. The main contents are as shown in the attached Form.

C. The Defendants requested the Plaintiff on September 26, 2016 through G affiliated G of F Co., Ltd. (hereinafter “F”), an agent company (hereinafter “F”), to suspend the execution of the loans. D.

The Defendants entered into a financial advisory agreement with H Co., Ltd. (hereinafter “H”) and I Co., Ltd. (hereinafter “I”) on May 31, 2017. The Defendant Co., Ltd. (hereinafter “H”). The Defendant Co., Ltd. (hereinafter “I”) raised funds equivalent to KRW 180 billion for the first development project of the instant case; and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) made funds equivalent to KRW 130 billion for the second development project of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, and Eul.

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