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(영문) 서울중앙지방법원 2018.06.21 2017나70672
용역비
Text

1. The plaintiff's appeal is 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. Facts of recognition;

A. On July 8, 2016, the Plaintiff entered into a management consulting agreement with the Defendant Company that provides comprehensive advisory services, such as investment method, structure, and document review, in making investments or lending to the Defendant Company by financial institutions, start-up investment companies, public institutions, etc., and that, if investments are made by the Defendant Company, the Plaintiff would receive 10,000,000 won of the basic fee on the date one month has elapsed from the contract date, and if investments are made by the financial institution, the Plaintiff would receive 10,00,000 won of the contingent fee (Evidence 1; hereinafter “instant management consulting agreement”).

B. From July 8, 2016 to September 12, 2016, the Plaintiff provided management consulting to the Defendant Company, and the Defendant Company paid KRW 10,000,000 of the basic fee on August 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the contract of advisory service in this case was concluded with management consulting fees of KRW 10,000,000 per month and only one-month remuneration was paid to the defendant company even though the defendant company provided advisory service for two months. Thus, the defendant company is obligated to pay the plaintiff the service fees of KRW 10,000,000 for the remaining one month and delay damages.

3. On the ground that the Plaintiff received KRW 10,00,000 per month as an advisory service fee when concluding the instant management consulting agreement with the Defendant Company, there is a lack of evidence to acknowledge it solely on the statement of evidence Nos. 1 and 3, and there is no other evidence to acknowledge it.

Rather, according to the management consulting agreement of this case, the plaintiff agreed to receive 10,000,000 won as basic fees from the defendant company and 10,000,000 won as contingent fees if the plaintiff successful in attracting investments from financial institutions. The plaintiff provided management consulting services to the defendant company.

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