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(영문) 부산지방법원 2015.10.28 2014나17586
계약금반환
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 30, 2014, the Plaintiff entered into a management consulting service contract (hereinafter “instant contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) including the following matters, following consultation with Defendant C (hereinafter “Defendant Co., Ltd”).

Defendant C, the actual operator of the Defendant Company, indicated in the instant contract as the representative director of the Defendant Company, but at the time of the conclusion of the said contract, Defendant C did not have been registered as the representative director of the Defendant Company.

A representative director D (hereinafter referred to as "A") in a management consulting service contract shall designate the representative director C (hereinafter referred to as "B") as the management consulting officer and enter into this advisory contract with the following contents and provide Article 3 (a) (b) to A as the management consulting officer, and if necessary, he/she may adjust or add his/her role through consultation with A and B:

1) 2) Consultation on the establishment of a business strategy through consultation on business guidance and technical guidance 3) consultation on the smooth supply of and demand for human resources such as recruitment of human resources, hedging 3) consultation on the establishment of a system for personnel management, organization management, business management, etc. 4) consultation on the utilization of various networks for public relations and business activities of enterprises 5) consultation on the utilization plan for business support and capacity to enhance corporate competitiveness 6) consultation on the establishment of an affiliated research institute 8) consulting on financial strategies for stabilizing the financial structure such as government's various support systems and policy funds 7) consulting on the establishment of an affiliated research institute, venture business, E-mail, Internet e-mail, web lock, etc. 9) consultation on the establishment of an affiliated research institute, venture business, E-ISO, NE&NP, etc. 10), and on other comprehensive management consultation necessary for improving Gap's management (payment of consulting service costs) consulting service costs 6 million won per year, and Gap shall enter into a separate contract 600 million won (00 million won).

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