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(영문) 광주지방법원 2018.04.24 2017가단518613
채무부존재확인
Text

1. The part of KRW 5 million among the lawsuits for confirmation of the absence of the obligation to return the retainers of KRW 27 million in the instant case shall be dismissed.

2...

Reasons

1. Basic facts

A. As part of the in-depth consulting support program supervised by the Defendant, on July 22, 2016, the agreement on the in-depth consulting support program for export expansion was entered into between the Plaintiff, the Defendant, and D agricultural partnership (hereinafter referred to as “D”), a small and medium enterprise selected as the object of the support program, and E (hereinafter referred to as “E”), respectively. The main contents of the agreement are as follows.

(1) The Plaintiff shall provide consulting services necessary for the entry into the Vietnam overseas market between D and E, respectively, to D and E, and perform consulting services in accordance with each consultation execution plan approved by the Defendant.

(2) The Plaintiff shall prepare a consulting execution log for each business performance date and submit it to the Plaintiff with signature of confirmation from E and D respectively.

(3) The term of the agreement shall be from August 1, 2016 to December 31, 2016, and a completion report shall be submitted within the agreement period.

(4) The defendant shall bear 90% of the price for consulting services, while 10% of the price shall be borne by D and E, an enterprise that is subject to the provision of services.

(F) The agreement between the Defendant, the Plaintiff, and the E three parties and the agreement between the Defendant, the Plaintiff, and the D three parties are respectively concluded, and, in distinction from the above agreement, it refers to "E Convention" and "D Convention", respectively, and in case of all the above two agreements, it refers to "each of the instant agreements".

B. In accordance with each of the instant agreements, the Defendant paid KRW 11 million to the Plaintiff on November 1, 2016 as the retainer of the D Convention; KRW 11 million as the retainer of the E Convention; on the other hand, the Plaintiff paid KRW 2.5 million as the retainer of the E Convention on July 21, 2016; and KRW 2.5 million as the retainer of the D Convention on July 22, 2016, respectively.

C. The Plaintiff entered into a contract to provide consulting services from August 1, 2016 to December 31 of the same year, and the Plaintiff completes consulting services and submit a completion report by December 31, 2016, which is the last day of the agreement period. The Plaintiff shall submit a completion report even though the Defendant urged to submit the completion report on January 2017.

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