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(영문) 서울동부지방법원 2017.11.15 2017가합101841
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20 million and 6% per annum from March 4, 2016 to June 8, 2017.

Reasons

1. Basic facts

A. On January 11, 2016, the Plaintiff entered into the instant advisory service agreement relating to acquiring the shares and management rights of the F Co., Ltd. (hereinafter “F”) from Defendant A, D, etc., from E.

Defendant A paid 200 million won (excluding value-added tax) to the Plaintiff at the same time the balance of the transfer price of stocks and management rights is paid.

B. As a result of the Plaintiff’s advisory services, E and D entered into a contract for transfer and acquisition of F shares and management rights on January 14, 2016.

C. Thereafter, on February 29, 2016, a modified contract was concluded by a cooperative, etc. (hereinafter “instant cooperative”) to purchase FF shares in KRW 3,855,000 and management rights for KRW 7 billion from E, and on the same day, the instant cooperative, etc. paid the transfer proceeds to E.

On the other hand, the above modified contract was prepared at the H office of the law firm, and at the time, the defendant B and C attended as the transferee of the instant partnership and others.

In the process, an attorney-at-law I, who works for the law firm, stated in the last chapter of the copy of the instant advisory service agreement, that “I, by March 3, 2016, promises to pay 200 million won or more under this Agreement (hereinafter referred to as “payment agreement”),” and Defendant B and C signed below.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-14, the purport of the whole pleadings

2. According to the above facts as to the claim against Defendant A, the Defendant is obligated to pay the Plaintiff the advisory fee of KRW 220 million under the advisory service agreement of this case (including value-added tax).

3. As to the claim against the defendant B and C (hereinafter in this paragraph referred to as "the defendant").

A. The Plaintiff 1’s assertion by the parties is next to the terms of the payment agreement written in the copy of the instant advisory service agreement.

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