(영문) 서울중앙지방법원 2015.01.09 2014가합2124

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(영문) 서울중앙지방법원 2015.01.09 2014가합2124

컨설팅용역비

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1. The Defendant’s KRW 85,400,000 as well as 5% per annum from January 24, 2014 to January 9, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of corporate/financial consulting, etc., and the Defendant is a company established for the purpose of developing the automobile information processing system.

B. On February 20, 2013, the Plaintiff entered into a consulting agreement with the Defendant to attract investment proceeds (hereinafter “instant consulting agreement”) with the following terms and conditions.

1. A company proposing management support consulting services, such as financial support and consultation: B;

2. The amount of management consulting for raising funds, M&A, etc.: approximately five billion won;

3. The scheduled period for management assistance consulting: approximately three months (Provided, That it may be extended through mutual consultation).

5. Consulting success fees: To pay 5% (excluding value-added tax) of the amount of financial support in the event of success, such as management consulting, immediately after the success.

6. Business promotion fee: The amount of KRW 3 million per month shall be paid up to the success.

7. Principle of Good Faith: 100% trust in relation to the above consulting, and entirely delegate to the receiver.

Provided, That in relation to the mutual affairs, the introduction and work execution institution shall exclude the plaintiff after the completion of the contract, not directly negotiate, and the process of the work shall be transparently disclosed to the public.

C. On November 15, 2013, the Defendant entered into an investment contract (hereinafter “instant investment contract”) with an investment of KRW 1.5 billion, each of which is invested by the original profit partnership company (hereinafter “original profit partnership”) and the KBV Investment Company (hereinafter “KB”) and received an investment of KRW 3 billion in total.

From February 20, 2013 to May 20, 2013, the Plaintiff received total of KRW 3 million per month from the Defendant as a business promotion fee.

[Reasons for Recognition] Facts that there is no dispute or the plaintiff is, entry of Gap evidence 1, purport of the whole pleadings

2. The judgment of this Court

A. The meaning of “management consulting” or “management support consulting” under the instant consulting agreement is as follows.

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