logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.20 2017나54663
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 1, 2014, the Plaintiff entered into an advisory service contract with the Defendant with a view to providing overall business support in carrying out the contracts and projects of Sri Lanka Project (hereinafter “instant advisory service contract”), and the main contents thereof are as follows.

B A C

B. The Defendant is the executive director of D Co., Ltd. (hereinafter “D”), and D entered into a C Project Tender Agreement with the Republic of Sri Lanka on April 30, 2014.

C. The Defendant initially demanded that the Plaintiff reduce the advisory fee of the instant advisory contract from USD 30,00 to USD 20,000. After accepting it, the Plaintiff paid USD 4,000 out of the advisory fee on May 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) argues that the plaintiff is obligated to pay US$ 16,000 to the plaintiff, since the plaintiff performed advisory duties under the advisory contract of this case, and as a result, D entered into a project tender contract with the Republic of Sri Lanka.

(2) As to the defendant's assertion, the defendant asserts that the plaintiff could not respond to the plaintiff's claim since the plaintiff did not perform advisory duties under the advisory contract of this case.

B. (1) According to the aforementioned evidence, the Plaintiff’s duty under the advisory contract of this case is to support the Defendant’s smooth performance of the contract with the Republic of Sri Lanka. The specific content was not determined, and the period was determined from February 1, 2014 to January 31, 2015. ② The Defendant paid USD 4,000 to the Plaintiff after concluding the contract with the Republic of Sri Lanka, ③ the Defendant requested the Plaintiff to provide specific support during the advisory contract of this case.

arrow