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(영문) 서울중앙지방법원 2020.06.05 2018가합572201
기타(금전)
Text

1. The Defendant’s KRW 150,000,000 and the Plaintiff’s annual interest thereon from September 3, 2018 to June 5, 2020.

Reasons

1. Facts of recognition;

A. On July 23, 2018, the Defendant (formerly referred to as “D”) entered into a financial advisory agreement (hereinafter “instant advisory agreement”) with the Plaintiff (formerly referred to as “B”) to promote a new hotel construction project on the land outside Pyeongtaek-si and eight parcels.

The plaintiff and the defendant agree to provide the defendant with financial advisory services, such as arranging for financing necessary for the main business, with respect to the business of Pyeongtaek-si in Gyeonggi-do (hereinafter referred to as the "main business"), which is promoted by the defendant, and the defendant promises to pay the plaintiff remuneration for the above advice.

Article 4 (Term of Contract) The Plaintiff and the Defendant entered into a contract on August 3, 2018 with respect to the change of financial advice as of August 31, 2018.

1. The duration of this Agreement is from the date of the conclusion of the contract to August 7, 2018.

However, if there is an important outcome required for the project with the plaintiff's arrangement before the expiration date of the contract period, this contract may be extended by mutual consultation until the settlement date of the project.

Article 5 (Raising of Funds)

1. The defendant shall enter into an agreement with the financial institution arranged by the plaintiff and the financial institution to raise the funds required for the project, and shall raise the funds in and out of the KRW 6 billion.

However, the amount of funds actually raised may vary depending on the circumstances.

Article 6 (Payment, etc. of Advisory Fees)

1. The date the Defendant first withdraws the funds to be raised by entering into an agreement under Article 5(1), and the Defendant shall deposit 300 million won (excluding value-added tax) with the Plaintiff as advisory fees for advisory services under this Agreement.

2. The advisory fee under the preceding paragraph is separate from the fee under the loan agreements entered into between the financial institution arranged by the plaintiff and the defendant. If the defendant delays the payment of advisory fee, it shall be calculated according to the overdue interest rate of 13% per annum until the 30th day of delay, and 15% per annum if it exceeds 30 days.

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