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(영문) 수원지방법원 2020.04.29 2019가합18580
위약금 등 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

The plaintiff is a juristic person whose purpose is financial consulting business, real estate consulting business, etc., and the defendant is a regional housing association under the Housing Act that implements a project for developing multi-family housing (hereinafter referred to as the "project of this case") with the contents of constructing multi-family housing and ancillary facilities in Suwon-si, Suwon-si.

On February 7, 2019, the Plaintiff entered into the instant financial advisory agreement with the Defendant, and the Plaintiff entered into a financial advisory agreement with the purport that the Plaintiff will provide financial advice, including arrangement of financing necessary for the instant business, and that the Defendant will pay advisory fees as remuneration therefor (hereinafter “instant agreement”).

The main contents of the instant contract are as follows.

Article 4 (Definition of “Financial Advisory Services” (hereinafter “Plaintiffs”) (B) (hereinafter “the same shall apply) shall carry out the following “Financial Advisory Services” as a financial adviser on the financing necessary for the Project (hereinafter “instant Project”); hereinafter the same shall apply)

1. Supervising affairs related to “financial advisory affairs” for the financing of this project;

2. The selection of financial institutions, such as "Brige live Bank" and "Brige live Bank" and "Brige live Bank";

3. Counseling and supporting in the selection of business feasibility assessment bodies, credit rating agencies, appraisal agencies, legal advice agencies, accounting advisory agencies, trust agencies, etc., which are related to “this project”, together with (A) (referring to “Defendants; hereinafter the same shall apply) so that “financial consulting services” can be performed smoothly;

4. Affairs related to arranging, consulting and advising on the selection and composition of the contractor in accordance with the financial procurement structure of the “this project”;

5.(b) If necessary to efficiently carry out “financial advisory services”, it may request an external institution to conduct activities, such as feasibility analysis, credit assessment, appraisal, legal advice, and accounting consulting, in consultation with subparagraph (a) at the expense of subparagraph (a).

6. The foregoing.

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