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(영문) 서울고등법원 2018.07.05 2017나2069961
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, and thus, this case is quoted by the main sentence of Article 420 of the

(1) The Plaintiff’s assertion and the evidence submitted by the Plaintiff are all integrated, and the judgment of the first instance court that dismissed the Plaintiff’s claim is reasonable). On the first instance judgment of the first instance court, “I find it difficult for the Plaintiff to discover” in Chapter 5 of the first instance judgment, “The Plaintiff’s conclusion that the Defendant entered into a contract with E to acquire stocks and management rights without excluding the Plaintiff is contrary to the general practices of the M&A industry [so-called business rule], and thus, the Plaintiff is obliged to pay service fees pursuant to Article 7(4) of the General Terms and Conditions of the instant contract.” However, as seen earlier, insofar as the instant contract was lawfully rescinded on June 17, 2016, it is difficult to recognize that the Plaintiff’s assertion that the Defendant had the duty to pay service remuneration, and there is no other evidence to acknowledge this, the Plaintiff’s assertion cannot be accepted.”

On the other hand, the part 8 of the first instance judgment, "no reason exists" in the part 9 of the second instance judgment (in this regard, the plaintiff is not a full payment of service fees under Article 7 (4) of the General Conditions of this case, but a decision that the defendant A would not proceed with the service except for the case due to the plaintiff's intentional or gross negligence during the contract term / Article 7 (5) 7 of the General Conditions of this case / [5] of the above General Conditions of this case, the plaintiff does not refund the service fees received, and the defendant A shall, in consultation with the plaintiff, pay the service fees in consideration of the plaintiff's input hours corresponding to the work performed by the plaintiff. The service fees corresponding to the work performed by the plaintiff shall be paid." However, on the grounds as seen earlier, the defendant paid the service fees under Article 7 (5) of the General Conditions

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