logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.23 2018나77984
부당이득금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates a building development business, a tourist hotel business (H hotel located G in Jeju), etc., and the defendant is an accounting corporation established for the purpose of accounting audit, proxy or consultation on taxation, management consulting, etc.

B. 1) The Plaintiff purchased the land adjacent to the above H hotel and requested the Defendant to provide services, such as arranging financial advisory funds, in order to raise funds necessary for the expansion of business. The Plaintiff and the Defendant on August 28, 2015 (hereinafter “instant service contract”).

Article 1 (Purpose and Scope of Services) (1) The scope of financial consulting services and bookkeeping services that the defendant provides for the plaintiff shall be as follows:

1. Financial advice concerning strategies for raising funds and the structure thereof;

2. Water color of the financing institution or the fund;

3. Preliminary inspection for fund creation;

4. Preparation of business introduction letters;

5. Consultation and consultation with interested parties for attracting funds;

6. Strategic alliance or merger structure consulting with the target company;

7. The basic remuneration for the services under Article 4 (Remuneration and Payment) (excluding value-added tax) necessary for carrying out other financial consulting services referred to in subparagraphs 1 through 6 above shall be 20,000,000 won (excluding value-added tax) and the down payment shall be paid in 20,000,000 won when a contract is concluded.

The contingent fees for financing shall be 3% of the amount of financing, and shall be paid in cash on the date the financing is deposited.

Article 9 (Limitation on Liability and Compensation)

1. As to the loss incurred to the Plaintiff due to the Defendant’s breach of contract terms or gross negligence, the Defendant is liable to compensate for up to the amount of remuneration for services received under this contract.

its key

Details are as follows:

2. On November 2, 2015, the Plaintiff paid the Defendant a down payment of KRW 20,000,000 pursuant to Article 4(1) of the instant service contract.

C. The process of concluding the acquisition agreement of the instant shares.

arrow