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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 934,00,000 as well as to the Plaintiff from November 7, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a financial investment business entity under the Financial Investment Services and Capital Markets Act, and the Defendant is a corporation for real estate development, consulting, housing construction business, etc., which was approved by around September 2017 (hereinafter “instant business”).
B. On May 7, 2018, the Plaintiff entered into a financial advisory contract (hereinafter “instant contract”) with respect to all financing activities (such as investor color, consultation on financing structure, etc.) necessary for the Defendant to carry out the instant project. In return, the Plaintiff entered into a financial advisory contract with the effect that the Defendant would receive financial advisory fees from the Defendant (hereinafter “instant contract”). The key contents of the instant contract are as follows.
Article 3 (Scope of Financial Advice Services) of the Financial Advisory Agreement that the Plaintiff provides to the Defendant “Financial Advice Services” refers to any person who raises funds necessary for the progress of all financing necessary for the progress of the instant project (such as the hub theory of the instant project and all financial consultation related to the instant PF, etc.) (hereinafter referred to as “the instant contract”), and the method of financing is not limited to the loan.
In the instant contract, the term “investors” refers to a consulting service on water color, structure, etc. of financing and other affairs incidental thereto.
Article 7 (Delivery of Contracts) ① The Defendant shall designate the Plaintiff as an exclusive advisory agency with exclusive authority in connection with the “financial advisory services” for this transaction.
② The Defendant may not negotiate or enter into a contract with any third party, including potential investors, with respect to the financing of the “this transaction” without the Plaintiff’s prior written consent.