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(영문) 서울동부지방법원 2013.02.22 2011가합13102
손해배상
Text

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

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

Reasons

. The rights, obligations, status, costs, etc. will be agreed in advance between A and B to enter into a separate external service agreement between A and the external specialized institution;

3) Service performance period under Article 4: The service performance period shall begin from the date of the conclusion of this contract to terminate within three months, and shall be determined by mutual agreement if necessary. 4) Matters concerning financing under Article 5: A shall not enter into consultations with a third party regarding financing of other capital (including attracting of financial investors) necessary for the project without mutual agreement with B after the conclusion of this contract.

When A receives a proposal from a third party in writing, etc., he/she shall immediately notify B of the details thereof.

5) Paragraph B, such as the cost of self-sufficiency in Article 6 (1) (including attraction of financial investors), shall be performed on the following terms and conditions, and such terms and conditions may be changed after consultation with Gap and Eul. * The amount of financing * The amount of financing 15 billion and above 15 billion won * the period of financing * 18 months : the procurement terms and conditions * the amount of financing 16.0% (Al-in-cost base) * the cost of services received by Eul for this service shall be divided into basic remuneration and contingent remuneration. (3) The basic remuneration to be received by Eul shall be 0 million won per day (10,000,000 won: VAT separate) and shall be paid in cash to Eul in accordance with Article 11 (6) the termination of the contract may be terminated if negative opinions are presented as a result of the review of external business and legal research results, or additional financial conditions are presented in accordance with the review report, etc.

In such cases, A shall not demand the return of the basic remuneration already paid. D.

The Plaintiff paid KRW 11,00,000 to the Defendant Company the basic remuneration for the instant contract.

2. The plaintiff's assertion

A. Claim for restitution of unjust enrichment due to cancellation of a contract against the defendant company.

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