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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 corporation established for the purpose of accounting audit, management consulting, credit investigation and evaluation, business purchase and merger, etc., and A Co., Ltd. (hereinafter referred to as “A”) is a corporation established for the purpose of production, grain production, and sales business, etc., and its name was changed to B Co., Ltd. (hereinafter referred to as “B Co., Ltd.”), and C Co., Ltd. (hereinafter referred to as “C”) on September 1, 2017, and took over the instant lawsuit by absorbing A on September 1, 2017; hereinafter referred to as “C”).
B. A, in 2014, the debt ratio of KRW 90,42.3 billion in assets, liabilities, KRW 80,99.2 billion in net assets, and net assets KRW 43.22% in 209. The current status of profit and loss was significantly deteriorated, including the current status of profit and loss in sales, KRW 743.4 billion in operating income, KRW -7 billion in net loss in the current year.
Moreover, since the repayment period of the non-guaranteed public offering bonds issued by A is scheduled as of December 18, 2015, if the above debt is not repaid, A has to apply for corporate rehabilitation procedures, and even after the repayment of the above 30 billion won, D Group's existence is difficult even after the redemption of the above 30 billion won.
C. On October 28, 2015, the Plaintiff and A entered into an advisory service agreement with the content that, in the event of success in investment through loan of new funds or capital increase with capital increase, it would receive contingent remuneration equivalent to 1.5% of the transaction amount (amount of loan and amount invested) from A (hereinafter “instant advisory service agreement”).
The main contents of the advisory service contract of this case are as follows.
Article 1 (A) With respect to the financing for the improvement of the financial structure (hereinafter referred to as “this transaction”), the scope of the service under Article 1 (A) is promoted, “Plaintiff”.