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(영문) 서울중앙지방법원 2019.07.25 2018나42513
자문료지급
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that manufactures and sells ESD semiconductors, and Defendant B is a shareholder of the Defendant Co., Ltd. and a person who introduces the Plaintiff, the same as high school, to the Defendant Co., Ltd.

B. Around January 2017, the Defendant Company agreed with the Plaintiff to pay to the Plaintiff 50% of the sales revenue when the Plaintiff supplied and sold the Defendant Company’s products to Seoul Metropolitan Government, and 2-3% of the amount when attracting investments to the Defendant Company.

[Ground of recognition] Facts without dispute, Eul-B or evidence No. 2, purport of the whole pleadings

2. The plaintiff's assertion

A. On December 26, 2016, the Plaintiff entered into a contract with the Defendants for advisory services or consulting services related to the Defendant Company’s LED business (hereinafter “instant contract”). Accordingly, the Plaintiff unilaterally terminated the instant contract despite the Defendants’ request for consultation and consulting services for about four months, thereby incurring damages equivalent to 50% of the sales revenue of the Defendant Company that could have been acquired by the Plaintiff and 3% of the amount when attracting investment money to the Defendant Company. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 32,000,000 and damages for delay.

B. On the first preliminary basis, if the contract of this case was not entered into between the Plaintiff and the Defendants, the Defendants did not pay the corresponding amount of compensation even if they received advice, etc. from the Plaintiff on the Defendant Company’s business, and even if there was no remuneration agreement between the Plaintiff and the Defendants, the Plaintiff has the right to claim remuneration under Article 61 of the Commercial Act against the Defendants. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of unjust enrichment equivalent to the advisory fees or advisory fees, and delay damages therefor.

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