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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the credit acquisition advisory business, etc., and the Defendant is a company that runs the business of newly constructing and selling houses and commercial buildings.
B. The auction procedure was under way with the Changwon-si District Court C regarding the items other than the 19 items (hereinafter “instant real estate”) owned by Seojin-gu, Changwon-si, Changjin-si, Changjin-si, Seoul, and the Defendant sought to acquire the instant real estate.
Accordingly, the Defendant entered into a consulting agreement with the Plaintiff via D (hereinafter “instant contract”) to acquire the NPL claim on the instant real estate from Efa 1412 Asset-backed Securitization Specialized Company (hereinafter “Efa”), and the content relating to the instant case are as follows.
Article 1 (Details of Consulting Services) A (referring to the Defendant) A (referring to the Plaintiff) shall provide advice on the NPL claims according to the intention to acquire the NPL claims.
1. Article 2 (General Conditions) of the advice related to the acquisition of NPL claims requested by A;
2. A, subject to the conditions presented to B, must enter into an agreement with the holder of the NPL claim, if the agreement has been completed with the holder of the NPL claim. If the agreement has not been concluded due to the circumstances or causes attributable to A, the agreement shall be deemed to have been concluded and the fee shall be paid in accordance with Article III of this Agreement.
Article 3 (Fees) The consulting fees for the implementation of this Agreement shall be as follows:
1. A shall pay consulting fees to B, which shall be the amount calculated by subtracting the contract amount from the daily amount of KRW 00 million minus the acquisition of the NPL bonds concerned.
(Additional Tax)
2. Fees shall also be paid by Gap to Eul on the date of conclusion of the contract.
C. The Defendant intended to acquire the instant bonds within a maximum of five billion won, but instead, AMF (hereinafter “AMF”) is not more than 5.5 billion won, a certified asset manager of Etha.