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(영문) 서울중앙지방법원 2018.11.09 2018가단5100284
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation operating a tourist hotel business, etc., and the defendant is an accounting corporation that entered into a service contract with the plaintiff for financing.

B. On August 28, 2015, the Plaintiff entered into a service contract with the Defendant for financing (hereinafter “instant service contract”). The main contents are as follows.

Article 1 (Scope of Purpose and Services) (1) The scope of financial consulting services and bookkeeping services provided by the defendant for the plaintiff shall be as follows:

Article 4 (Remuneration and Payment) The basic remuneration for this service shall be KRW 20,000,000 (Separate Value-Added Tax), and the contract shall be paid KRW 20,000,00,000, which shall be paid when the contract is concluded, for consultation with interested parties related to the preparation of a preliminary verification report (IM) for the creation of a financial consulting financing institution or a preliminary verification report for the creation of a financial investment fund with respect to financing strategies and the structure of the fund, and for strategic alliance or merger with other financial advisory services necessary for the performance of the strategic consultation services or consultation with the companies subject to consultation and consultation with respect to the provision of financial consulting services in subparagraphs

The contingent fees for financing shall be 3% of the amount of financing, and shall be paid in cash on the date the financing is deposited.

C. On November 2, 2015, the Plaintiff paid KRW 20,000,00 among the down payment to the Defendant pursuant to Article 4(1) of the instant service contract.

On January 7, 2016, according to the instant service agreement, the Defendant arranged a contract under which C (hereinafter “C”) pays KRW 1 billion to D, the representative director of the Plaintiff, as the price for stock acquisition (hereinafter “instant stock acquisition agreement”).

E. C is a party to the instant acquisition agreement, and the Defendant, the mandatary of the instant service agreement, via the Plaintiff, via the Defendant, who is the mandatary of the instant service agreement, as a party to the instant acquisition of shares; KRW 200,000,000 on January 11, 2016; KRW 150,000,000 on January 19, 19; and KRW 150,000,000 on January 29, 201

2.5. 345,000,000 won in total.

F. Since then, it was impossible to implement an additional development project, the Plaintiff is against C around June 2016.

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