(영문) 서울중앙지방법원 2021.01.29 2019가단5279309

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(영문) 서울중앙지방법원 2021.01.29 2019가단5279309

자문료 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a stock company with the objective of developing, manufacturing, and selling semiconductor equipment.

The plaintiff served as the representative director from around 2002 to 2018.

B. On December 20, 2018, after the resignation of the Defendant’s representative director from office, the Plaintiff entered into an advisory service contract (hereinafter “instant contract”) with the Defendant, and the content relating to the instant contract is as follows.

The purpose of Article 1 is to provide successful advisory services under the mutual trust and trust by designating the plaintiff as a research adviser in the performance of order services related to the consulting of the defendant's research and development services and clarifying the rights, obligations and cooperation between the plaintiff and the defendant.

The plaintiff of Article 2 provides the defendant with the following advisory contents:

1) The Plaintiff’s advisory service provides the following services:

- The contract term of Article 3 Section 1 of the supply of consulting and consulting services required by the Defendant, as of January 1, 2019 to December 31, 2019, shall take effect between January 1, 2019 and December 31, 2019.

However, if the plaintiff or defendant does not express his/her intent to modify or refuse the terms of the contract one month prior to the expiration of the contract term, this contract shall be deemed automatically extended every one year under the same conditions.

In the case of automatic extension, the maximum number of times that can be automatically extended shall be one time.

2) When the Plaintiff and the Defendant wishing to terminate the contract, the contract may be terminated if it is notified orally or on face even before the contract expires.

3) This contract is terminated according to the defendant's image trend when it is related to the defendant or when a civil or criminal lawsuit is instituted against the plaintiff, even if it is not related to the defendant.

Article 7(1) The defendant shall be the service fee for the plaintiff's advisory services.

유사 판례

-서울중앙지방법원 2021.01.29 2019가단5279309

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-서울중앙지방법원 2020.10.28 2020가합540030

-전주지방법원 2019.01.17 2017나13222