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(영문) 부산지방법원 2019.04.05 2018나53436
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs management consulting service business, financial sales and service business, and the Defendant is a legal entity that runs domestic land transportation business.

B. On June 13, 2017, the Plaintiff entered into a service agreement with the Defendant, and the Plaintiff, who performs services necessary for the Defendant’s financing of loans, etc. with the Defendant’s financial institution, and the Defendant shall pay the service cost in accordance with the amount of the loan

(hereinafter “instant service contract”). Total service cost of 200 million won (the target amount of financing 200 million won): 4 million won (the total service cost of 30%): 1.2 million won (the minimum target amount of financing 70%): The balance settlement of 2.8 million won (the payment at the time of allocating funds): The settlement of accounts of the fixed amount of allocation (2% of the allotted amount) and the balance payment;

C. Around July 2017, the Defendant intended to obtain a credit guarantee certificate from the Busan Credit Guarantee Fund upon the Plaintiff’s introduction, and received a credit guarantee certificate from the financial institution. However, as the Defendant’s failure to pay national taxes was confirmed, the Defendant failed to obtain a credit guarantee certificate from the Busan Credit Guarantee Fund, and the financial institution’s loan did not have

The Defendant, upon receipt of a credit guarantee certificate from the Busan Credit Guarantee Fund on January 4, 2018, claimed that the amount of the loan was KRW 370 million from the C Bank as business funds, but no evidence was submitted to confirm the accurate amount of the loan. Thus, the Defendant arranged the amount in accordance with the Defendant’s reply on June 4, 2018.

(1) have been granted a loan;

(hereinafter “instant loan”). 【No dispute exists on the ground of recognition, Gap evidence 1 through 4, Eul evidence 1 through 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant is a principal of the instant loan as a result of the Plaintiff’s service performance under the instant service contract.

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