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(영문) 서울고등법원 2017.02.07 2015나2049833
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C Co., Ltd. and the Defendant’s consulting contract 1) C (hereinafter “C”)

(B) Around May 2012, C entered into a consulting agreement (Evidence B) with the Defendant with respect to the development, manufacture, distribution, and distribution of medical devices, medical devices, and pharmaceutical export and import business, and D is the representative director of C. A. B. written on January 20, 2012.

The purpose of this Agreement is to promote C’s overall management, attraction of capital, merger and acquisition, establishment of subsidiaries, M&A, technology transfer, marketing, and IPO, and to promote C’s major Defendant.

When selecting a adviser, the defendant may provide C with advisory services on the overall affairs of the relevant affairs so that C may effectively implement the project.

(Article 1) The Defendant shall assist C in the overall management, attraction of capital, merger and acquisition, establishment of subsidiaries, M&A, transfer of technology, marketing, and the review and promotion of IPO, and may contact and consult with companies, investors, financial institutions, and experts involved in the successful implementation of the project.

(Article 2(2). The scope of the advice the defendant provides to C is as follows:

(Article 3. - Review and Consultation with respect to Financing, Technology Transfer, L/O, M&A, and Intellectual PropertyO (paragraph (2) - In relation to this contract, C shall pay the following contingent fees if the defendant has successfully performed the project for C:

(VAT separate)(Article IV(1). - The ratio of success fee for capital inducement: 5% of domestic capital, 10% of foreign capital (including profits from interim-stage connections) - In the event of investment risk company (Article IV(1) - The investment risk company may appoint a defendant to the management and, if necessary, consult with investors in order to provide C with financial and managerial support.

In such cases, C shall require the defendant to pay an appropriate annual salary, performance rates, welfare support, etc.

(No. 4) 3 The defendant shall be above.

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