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(영문) 대전지방법원 2019.08.13 2017나112551
투자금반환
Text

1. The part of the judgment of the first instance against Defendant B and C shall be revoked.

2. The above-mentioned cancellation part.

Reasons

Basic Facts

The purpose and time of establishment of the defendants are all specified in the entire registered matters, such as bonds and real estate consulting business.

Defendant B Co., Ltd. (hereinafter “Defendant 1”) Defendant C Co., Ltd. (hereinafter “Defendant 2”), Defendant C Co., Ltd. (hereinafter “Defendant 3”) on April 8, 2014, which was established on March 4, 2015, respectively, the respective time of incorporation of Defendants on October 10, 2014, established on March 4, 2015, is as follows.

Article 1 (Purpose) "A" (referring to "the plaintiff; hereinafter the same shall apply), such as the conclusion of a consulting contract by the plaintiff, shall request the provision of information and consulting services on NPL mortgage products, and "B" (referring to "the defendant's side"; hereinafter the same shall apply) shall examine all matters, such as the provision of clear information and analysis of rights, etc., to the maximum extent possible, and Eul shall actively cooperate and provide advice on all matters required for NPL investment profits.

Article 2 (Consultation Fees) Article 3 (Payment of NPL Consulting Fees) Section 3 (Payment of 33% of the net proceeds (excluding Value-Added Tax) (hereinafter omitted) A shall pay to B the contract deposit within the amount prescribed in Article 2 and the part payment not exceeding 30% of the balance to B at the time of the conclusion of this contract, and pay the balance to B on the date of a decision on dividends, withdrawal,

Contract bond: 1,00,000 won and remainder: The contract deposit shall not be returned in the case of a request for the modification of the contract due to the circumstances under Article 5 (Amendment of the Contract) A, and the NPL mortgage shall be acquired and consulted continuously until the completion of profit.

Article 6 (Limitations on Business of Section 6) B shall faithfully perform all affairs, such as provision of information and analysis of rights, in accordance with the principle of good faith, after entering into a contract.

Section 7 (Liability for Damages) In the event that any material consulting under this contract causes a pecuniary loss to A due to B's gross negligence, it shall be liable for compensation.

On January 29, 2015, the Plaintiff is called “D”.

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