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(영문) 서울중앙지방법원 2016.06.30 2015가합547761
위약금 청구의 소
Text

1. The primary Defendant B is KRW 990,000,000 and 6% per annum from July 16, 2015 to June 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the investment trading brokerage business under the Financial Investment Services and Capital Markets Act, and the Defendant Company is a housing construction business, etc., and the Defendant B is the representative director of the Defendant Company.

B. On May 1, 2014, the Plaintiff entered into a financial advisory agreement (hereinafter “instant financial advisory agreement”) with Defendant B and Yong-si District D with respect to the development project for urban residential housing, etc. (hereinafter “instant project”). The main contents of the instant financial advisory agreement are as follows.

Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) agree to provide Party B with financial advisory services, such as arranging funds necessary for the project, and to pay Party B with remuneration for consultation, in connection with the project for the development of KRW D (hereinafter referred to as “this project”), which is promoted by the Gyeonggi-do Suwon-si, Gyeonggi-do.

Article 2 (Main Business)

1. The outline of this project shall be as follows:

(1) Contents of the business: E development project site: 2,17.97 square meters (6,690.66 square meters) and construction size: 12 stories above the ground of the second floor.

2. The contents of the project under the preceding paragraph may be modified in the authorization process.

Article 3 (Scope of Advisory Services)

1. The content of the advisory service to be provided by B to A under this Agreement shall be as follows:

(1) To arrange (2) to select investors and lender groups and to negotiate terms and conditions for the project, (3) to provide efficient financing services, (4) to provide successful sale, sale, and (5) to provide advice on the financial structure and conditions for attracting investment, and (5) to provide other services incidental to the project, the period of this contract shall be from the date of conclusion of the contract to the end date of the project.

(b).

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