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(영문) 서울중앙지방법원 2018.07.06 2017가합517290
추심금
Text

1. The Defendant: (a) against Plaintiff A, KRW 168,836,986; and (b) against Plaintiff B, KRW 196,163,014; and (c) against each said money.

Reasons

1. Basic facts

A. Plaintiff A’s seizure and collection order 1) Plaintiff A, and Plaintiff B, Inc. (hereinafter “Plaintiff Company”).

(2) On February 28, 2017, the court accepted the Plaintiff’s application as above and issued a seizure and collection order on February 28, 2017 (Seoul Central District Court Decision 2017TTTTT 2017) with an executory exemplification of the notarial deed, No. 447, 2014, wherein the obligor is the Defendant, the third obligor’s Defendant, the claim amount of KRW 168,836,986, and applied for a seizure and collection order with the claim to be seized and collected “amount equivalent to the above claim amount from among the claims arising from re-written advice and other claims under a financial advisory agreement between the Plaintiff and the Defendant on July 14, 2014” (Seoul Central District Court Decision 2017TT 3433). The above decision was served on the Defendant, a debtor on March 6, 2017, and became final and conclusive around that time.

(hereinafter referred to as the “instant order of seizure and collection”) B.

Plaintiff

(1) On July 14, 2014, between the company and the Defendant, the Plaintiff Company and the Defendant: (a) between the Defendant and the Defendant on July 14, 2014; (b) the Plaintiff Company, as an advisory firm in the field of finance, performs advisory duties on behalf of the Defendant; and (c) the Defendant paid the Plaintiff Company fees, etc. in return for providing services

The purpose of this Agreement is to cooperate with each other in order for “B (the Plaintiff Company; hereinafter the same shall apply) to smoothly carry out the projects of “B (the Defendant; hereinafter the same shall apply)” by providing financial advice in good faith as prescribed in this Agreement. Article 2(Roles’s role in the area of financial advice) provides “B (the role in the area of financial advice)” to “A” in the area of financial advice services are as follows: (i) providing advice for the enhancement of financial assets to “B” in the area of financial advice services: (ii) formulating a financial strategy for the stabilization of the financial structure and Risk advice 3) providing financial Risk.

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