(영문) 서울중앙지방법원 2020.01.22 2019가합530853

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(영문) 서울중앙지방법원 2020.01.22 2019가합530853

용역비

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The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on October 2010 by investing each of 61.7%, 0.3%, 0.3%, 29.0%, 29.0%, 9.0%, and 9.0%, in order to promote a business (hereinafter “instant business”) that constructs and operates a wind power generation complex of 50.4mm2 in facilities capacity (hereinafter “the instant business”).

Article 3 The role of the service provider shall be determined as follows from the date of conclusion of the contract as the service provider to the defendant:

1. The Plaintiff’s appointment of a level of project manager satisfactory to the Defendant

2. Consultation on financing plans and strategies;

3. The preparation of a prospectus for the invitation of lenders and the conclusion of the prospectus;

4. Advice for raising other persons' capital;

5. Advice on external financing (excluding the Plaintiff’s direct investment).

6. Other service fees under Article 4 of the Act on the Recruitment of Creditors and the direct or indirect support for the procurement of other capital.

Value-added tax is separate.

② When concluding the financial agreement on this case’s financing, the Defendant shall pay the Plaintiff the amount of KRW 2 billion as the contingent remuneration.

Article 10 (1) In the event that any of the following grounds arises to the defendant and the plaintiff, the defendant and the plaintiff may terminate the contract with prior written notice to the other party:

The effect of termination shall be the day on which written notice is received.

(1) When each party or project manager becomes unable to perform normal business activities, such as bankruptcy, composition, bankruptcy, liquidation, commencement of reorganization proceedings, revocation of authorization, legal dispute, change of the project manager or legal dispute, etc., when the other party requested to correct the violation of the obligations under this contract fails to correct the violation within 15 days even though the other party requested to correct the violation.

유사 판례

-서울중앙지방법원 2020.01.22 2019가합530853

-서울중앙지방법원 2016.02.03 2015가합504436

-서울중앙지방법원 2020.09.24 2019가합513513

-서울동부지방법원 2016.11.08 2015가합105726

-서울중앙지방법원 2019.01.10 2018가합520491