logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.10.10 2018가단203214
용역수수료
Text

1. The Defendant shall pay to the Plaintiff KRW 38.5 million and the interest rate of KRW 15% per annum from December 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 26, 2016, the Defendant entered into a financial advisory agreement (hereinafter “financial advisory agreement”) with the Defendant with respect to loans with “Seoul Hotel” located in Dobong-gu, Gangnam-gu, Seoul as collateral assets (hereinafter “Seoul Hotel”), which is owned by the Defendant. Under the financial advisory agreement, the Defendant and the secondary securities agreed to the effect that “the Defendant shall pay to the secondary securities of this case the amount calculated by subtracting the external service cost from the amount of the financing fee from 0.9% of the amount of the financing fee, and the amount equivalent to the external service cost, including the accounting advisory, etc. provided from a third party other than the floating securities, out of all the expenses incurred in the performance of the advisory duty, shall be included in the financial advisory fee.”

(Real-Level Financial Advisory Service was under way prior to the conclusion of the above contract).

In order to provide financial advisory services, secondary securities requested the Plaintiff, an accounting firm, to provide the Defendant’s financial advisory services (hereinafter “instant services”). During the consultation process, the Plaintiff agreed to the parties to the instant service contract, not the secondary securities, which are the clients and consumers, but the secondary securities. As of September 27, 2016, the Plaintiff and the Defendant concluded a service agreement with the Plaintiff to provide the instant services to the Defendant and to pay the Defendant the Plaintiff KRW 35 million (including additional taxes, KRW 35,80,000,000,000,000,000) for remuneration (hereinafter “instant agreement”).

C. The Plaintiff submitted each financial advisory report as of October 24, 2016 under the instant contract, November 17, 2016, and January 17, 2017, to the subsidiary securities, each of the financial advisory reports as of January 24, 2017, to enable the Defendant to give financial advice through consultation and revision with the subsidiary securities, which are the client for the instant service and the customer.

The financial advisory report of January 17, 2017 is final.

arrow