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(영문) 서울중앙지방법원 2016.09.09 2015가합515818
거래대금반환
Text

1. As to KRW 1,100,000,000 among the Plaintiff and KRW 100,000,000 among them, Defendant C Co., Ltd. on October 17, 2014.

Reasons

1. Basic facts

A. From August 2014, the Plaintiff, who runs an export-import business, etc., discussed the business with F limited liability company F (hereinafter “F”) through Korea Stock Company E (hereinafter “E”), and discussed the business with the Plaintiff’s establishment of a duty-free shop at its own expense to attract Chinese tourists at the duty-free shop and distribute the profits of F to each other after attracting Chinese tourists at the duty-free shop.

B. On October 16, 2014, the Plaintiff entered into a consulting agreement that contains the following terms and conditions with Defendant D (hereinafter “instant consulting agreement”). The instant consulting agreement provides the Plaintiff as “A” and Defendant D as “B” with respect to the contractual parties:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to prescribe the matters concerning the implementation of the parties in performing the delegation duties prescribed in Article 3 requested by the “A” to the “B” for the performance of new business affairs.

Article 3 (Scope of Delegation of Duties) - Advice on introduction and sale of profitability projects (including profitability real estate) - advice on overall matters, such as the progress of new projects - advice on the acquisition and operation of G and I Hotel located in Jeju Special Self-Governing Province (hereinafter “instant hotel”) - The contingent remuneration received from “A” shall be KRW 270,000,000, and “A” shall be paid KRW 135,000,000 on the date of conclusion of the contract for the sale and purchase of goods falling under Article 3, and KRW 135,00,000,000 at the time of the remainder payment.

C. On October 17, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C, which contains the following contents, etc. for the Plaintiff to purchase the site and building of the instant hotel from Defendant C. As to the parties to the instant sales contract, Defendant C “A” and the Plaintiff.

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