(영문) 서울중앙지방법원 2014.08.14 2013가합80417

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(영문) 서울중앙지방법원 2014.08.14 2013가합80417

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Under the process of the development project (hereinafter “instant development project”) such as the construction of a new apartment unit in 418-161, Chungcheongnam-dong, Chungcheongnam-dong (hereinafter “instant development project”), the Defendant (hereinafter “instant agreement”) entered into an agreement on June 27, 2012 on financial advice and financial mediation (hereinafter “instant agreement”) to raise funds necessary for the promotion of the instant development project with the Plaintiff, and the Defendant Crokicom Ltd (hereinafter “Defendant Croki”), the Defendant Crokicom Ltd (hereinafter “Defendant Croki”), the trade name at the time was “eroding,” and the trade name was changed as of August 2013, 2013.

B. The main content of the instant agreement is as follows.

Article 2 (Scope of Services) (1) The scope of services, including financial advice, to be rendered by the Plaintiff in connection with the instant development project shall be as follows:

Provided, That the additional services or services after the contract period, other than the scope of the following services, shall be determined by mutual agreement between the defendant promotional development and the plaintiff:

1. Financial advice related to the development of financial structure for the promotion of the instant project;

2. Financial intermediation related to financing for the promotion of the instant project;

3. Other work incidental to the above work. (2) If it is necessary for the plaintiff to entrust the service to another agency, such as financial advice on this case, the plaintiff may entrust part of the service to the other agency.

Article 3 (Terms and Conditions of Financing and Terms and Conditions of Agreement) (1) The amount of financing financing to be procured by the defendant promotional development through the service, such as the plaintiff's principal financial advice, shall be at least 50 billion won.

Provided, That the development of the defendant promotional field with financial funds may be changed by prior consultation between the defendant promotional development and the plaintiff.

② The Plaintiff shall perform the duties set forth in this Agreement for the promotion of the Defendant.

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