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(영문) 서울중앙지방법원 2016.02.03 2015가합504436
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 130,000,000 as well as its annual interest from October 30, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff’s conclusion of the instant advisory contract is the Plaintiff’s “E reconstruction improvement project” (hereinafter “instant project”) on the parcel outside 10, Nam-gu, Incheon Metropolitan City D and 10.

2) Nonparty F&I (hereinafter “Non-Party F&I”) (hereinafter “Non-Party F&I”)’s executor

(2) Defendant C was aware of Nonparty G on June 2013 through the introduction of police officers on the part of June 2013. At the time, G was performing the project draft (PM), which is the overall consulting service, such as consulting, financing, marketing, etc. on the instant project, at the request of Nonparty H, the representative director of the Plaintiff.

3) Defendant C omitted the entry of “stock company” in the trade name of Nonparty C, Inc. (hereinafter referred to as “stock company”).

(B) On November 201, 2013, H was introduced through G, and H and G asked Defendant C to arrange for the funding necessary for carrying out the instant project. Article 3 (Scope of Advisory Duties)

1. The contents of the advisory services that B (Defendant Company) provides to A (Plaintiff) pursuant to this Agreement are as follows:

(1) (2) To arrange for the selection of financial institutions such as lender groups, and to coordinate the opinion of the Corporation, etc. for the efficient procurement of other person's capital; (3) to analyze the financial conditions for efficient sale and attraction of investment; and (4) to analyze the financial structure and conditions for efficient attraction of investment; and (5) to give advice on other affairs incidental to the above affairs.

2. If B wishes to request services to an external institution in connection with the business analysis, the credit assessment of the contractor, the appraisal of real estate, legal advice, etc., he/she shall make a decision in advance after consultation with A.

3.A shall bear all the expenses incurred in connection with the services provided by it to an external institution pursuant to the preceding paragraph.

Article 4 (Period of Contract) The period of this Agreement shall be six months from the date of conclusion of the contract.

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