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(영문) 서울고등법원 2020.06.10 2017나2040892
용역대금 청구의 소
Text

1. Of the plaintiff's lawsuit, 4,059,695,500 won and its corresponding which were reduced before and expanded by this court.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in real estate and comprehensive financial consulting business, investment advisory business, loan brokerage business, bonds and real estate assets management business, etc. The Defendant is a company that implements an urban development project at his/her own time and projects related thereto.

B. The Defendant’s establishment background 1) DD Corporation’s urban development project (hereinafter “instant project”) in king-si, Hadman on 2013.

A) A private business entity was recruited to participate in the project in a public-private joint manner. The Plaintiff is a E Co., Ltd. (hereinafter “E”).

(2) On December 13, 2013, F, along with the instant project implementer, was selected as the priority negotiation entity for the instant project, and on February 28, 2014, F entered into the instant agreement with DD Corporation (hereinafter “instant agreement”). D Corporation and F established the Defendant for the purpose of having the Defendant responsible and authority for the entire project implementation as the implementer of the instant project, and as a separate asset management company in charge of the Defendant’s affairs concerning the management, operation, and disposal of the Defendant’s assets (hereinafter “G”).

(4) At the time of the establishment of the Defendant, H, the representative director of the Plaintiff, was appointed and registered as the Defendant’s representative director on the same day.

(I) A corporation, the representative director of the Plaintiff, was a corporation in office as the representative. D Corporation 49.0% of the public D Corporation 1 J Corporation 1.0% of the 15.0% of the D Corporation 15.0% of the D Corporation 12.5% A corporation 12.5% of the I corporation - K corporation 1 week - K 1 corporation.

10.0% in total 100%

C. On September 19, 2014, the Plaintiff’s withdrawal from the business and the conclusion of a service contract, where the Plaintiff delegated the right to dispose of the entire Defendant’s shares owned by the Plaintiff to the D Corporation, and the D Corporation sells shares to a third party, the payment therefor shall be waived.

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