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(영문) 수원지방법원 2016.08.10 2014가단523615
채무부존재확인
Text

1. 14,00,000 won based on the advisory contract (on May 7, 2014) concluded by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is a company that aims at the business of manufacturing semiconductors, etc., and the defendant is a company that runs the service business, etc. for business management and technical improvement of small and medium enterprises.

B. On May 7, 2014, the Plaintiff and the Defendant: (a) drafted an advisory agreement; (b) accordingly, the Plaintiff deposited KRW 6.6 million to the Defendant; and (c) entered into an agreement to pay the remainder of KRW 14 million to the Defendant at the time when both sides agreed upon (hereinafter “instant advisory agreement”); and (d) the main contents thereof are as follows.

Article 1. Purpose of the Ba Purpose of this Agreement / The purpose of this Agreement is to cooperate with each other so that “B (Defendant Lina)” (Defendant Lina) may carry out faithfully the advisory duties, as provided for in this Agreement, in relation to the projects to be promoted by “A” (Plaintiff Lina) so that the projects promoted and to be carried out by “A” may be carried out smoothly.

Article 3. The role of the E-Ba Advisor(s)] The main duties of “B” to be provided to “A” as the adviser(s) of “A” are as follows:

1) Information and data on related funds, and consultation 2) procedures for application for related funds, and preparation of related project plans and data, 3) Other consultation on the project and related matters: Details of the project and the term of validity of the consultation (guidance) contract of Article 4 see, e.g., the term of validity shall be from 7 May 2014 to 3 months. The term of consultation (guidance) contract may, if necessary, be reduced or extended by mutual agreement between the Parties. In relation to the case of the payment of the consultation fee of Article 5 e.g., the consultation fee of “A” shall be paid under the following terms and conditions: The total amount of the consultation fee of KRW 20,000 (20,000,000) (Additional Form 1): The date of the contract shall be determined as KRW 6,60,000,000,000 per day upon the conclusion of the contract:

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