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(영문) 서울중앙지방법원 2019.09.11 2018가단5260667
계약보증금 반환청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 19, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On July 30, 2018, the Plaintiff and the Defendant concluded a consulting agreement on the reduction of corporate expenses (hereinafter “instant agreement”) with the following content.

Article 1 (Purpose of Contract) The purpose of this Agreement is to determine the rights and obligations between the Plaintiff and the Defendant necessary for smooth consultation in relation to the performance of corporate cost reduction consulting services by the Defendant’s presentation of improvement proposals through field diagnosis of various expenses used by the Plaintiff.

Article 2

2. (i) Furnishing consulting services: (ii) providing information on business purchases at all times on a yearly basis, through a detailed analysis by cost-based fields; (iii) providing consulting on reduction of costs; and (iv) providing consulting on reduction of costs;

3. It will proceed through separate consultations and arrangements with respect to various kinds of book-keeping services requested by the Plaintiff, other than this enterprise cost reduction consulting.

Article 5 (Consultation Fees)

1. Comprehensive consulting fees for reference: Reduction of annual performance fee x 35% consulting for enterprise expenses : Provision 1) comprehensive consulting (1) comprehensive consulting for analysis and explanation for various fields of expenses disbursed by enterprises (including on-site inspection). ② Provision of consulting for reduction of expenses (including on-site inspection) consulting for enterprise expenses (2) implementation of methods for reduction of expenses (2) consulting for reduction of expenses (2) comprehensive consulting for enterprise expenses. (3) Provision of consulting for reduction of expenses; (2) Provision of consulting for comprehensive consultation; (3) Provision of consulting for reduction of expenses;

2. The settlement of consulting deposits and fees: Appendix 1, 2, see Appendix 1, 1), deposit 40,000,000 won) the performance fee under paragraph 1 of this Article shall include the consulting deposit, Article 8 (Termination of Contracts and Compensation for Damages), and the plaintiff and the defendant:

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