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(영문) 서울중앙지방법원 2020.09.09 2019가합513766
손해배상(기)
Text

1. The Defendant’s KRW 82,50,000 and the Plaintiff’s annual rate of KRW 6% from June 15, 2018 to September 9, 2020 and the following.

Reasons

1. The plaintiff (formerly, C Co., Ltd.) is a corporation that runs an investment trading business, an investment brokerage business, etc., and the defendant is a corporation that runs a real estate-related consulting business.

On April 11, 2018, the Plaintiff entered into a financial advisory agreement (hereinafter “instant agreement”) with the Defendant on the basis that it will provide financial advice, such as arranging for financing necessary for the asset-backed loan project promoted by the Defendant, and entered into a financial advisory agreement (hereinafter “instant agreement”).

Under the instant contract, the Plaintiff continued to arrange several financial institutions to raise funds to the Defendant.

On April 16, 2018, the Plaintiff: (a) as a broker of the Plaintiff’s financing, approved the loan of KRW 3 billion to the Defendant; and (b) E approved the loan of KRW 2 billion on May 14, 2018, but the Defendant did not enter into a loan contract with each of the above financial institutions.

[Reasons for Recognition] 1 to 3, 6, and 10 Evidence Nos. 1 to 3, 6, and 10 Evidence Nos. 1 to 1 (including each number), the court's order to submit each financial transaction information to E, and corporation D, the purport of the whole pleadings

2. Determination

A. The cited portion: According to the above facts of recognition as to D and E, the defendant as an intermediary for the plaintiff's financing, and D approved the loan of KRW 3 billion on April 16, 2018, and E approved the loan of KRW 2 billion on May 14, 2018, but the defendant did not conclude the above loan contract with each of the above financial institutions within one month from the date of approval as to each of the above loan. Thus, pursuant to Article 8 (2) of the contract of this case, the defendant is obligated to pay to the plaintiff penalty of KRW 82,50,00 (total amount of loan) x 5 billion (total amount of loan) 】 0.015 (rate of payment agreement of penalty of KRW 1.5%) x 1.1 (Calculation of value-added tax) x 1.5%).

B. The portion dismissed: F&C Co., Ltd., Ltd., in addition to D and E, as an intermediary for the Plaintiff’s assertion that the F&C Plaintiff raised funds.

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