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(영문) 서울고등법원 2015.10.16 2015나2011524
용역비
Text

1. Of the parts against Defendant A Co., Ltd. in the judgment of the first instance, the following amount shall be the amount ordered to be paid:

Reasons

1. Basic facts

A. On December 29, 2011, the Plaintiff entered into a financial advisory service contract (hereinafter “first service contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the following content:

(1) The Plaintiff shall provide necessary advice to convert loans of KRW 20 billion to the credit unions borne by the Defendant Company as well as loans of KRW 3 billion to the Korea Investment Savings Bank as loans of KRW 3 billion to loans of KRW 70 billion per annum on the first financial right.

(2) The Defendant Company shall pay to the Plaintiff a lump sum payment of KRW 200 million as remuneration for advisory services, or a total of KRW 240 million for two years each month.

(3) The time limit of this contract shall be three months from the date of the completion of the Plaintiff’s work or the date of conclusion of the contract.

B. On January 2, 2012, the Plaintiff entered into a financial advisory service agreement with the Defendant Company with the following content (hereinafter “the second service agreement”).

Article 1(1)(Purpose) With respect to the financing business of this case promoted by the Defendant Company, the Defendant Company shall appoint the Plaintiff as an exclusive advisory service company with respect to the redemption of this case’s loans based on cash flow generated from the Plaintiff’s real estate security loan and the establishment of an office and neighborhood living facilities in Seongbuk-si, Sungnam-si. Accordingly, this Agreement aims to provide for the scope of the Plaintiff’s business to be performed with respect to the financing of this case’s advisory service, general matters related thereto

(1) The summary of the proposed collateral of this case shall be as follows:

(1) A right to benefit that may arise in the future in the 1st floor, 1002, and 236 units of the Do Complex Building in Nam-gu, Chungcheongnam-si, and the 2nd floor, 201, and 7 units (total 8 units) of the 2nd floor, 117, 201, and 3, Sungnam-si, Sungnam-si, and two lots of officetels and commercial buildings construction projects.

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