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(영문) 서울중앙지방법원 2016.06.08 2014가합586837
약정금 등
Text

1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate from August 15, 2014 to June 8, 2016.

Reasons

1. Basic facts

A. On July 7, 2014, the Plaintiff entered into an advisory agreement with the Defendant on an advisory agreement (hereinafter “instant advisory agreement”) with Intellectual PropertyO (IPB) (hereinafter “IP”) and an enterprise IR (hereinafter “Business Information Meeting”) necessary for the agreement, offering new stocks, and issuing corporate bonds (hereinafter “instant advisory agreement”). The main contents of the agreement are as follows.

Article 2 (Roles of Plaintiff) The role of Plaintiff in promoting the duties of the Defendant is as follows:

1. Support for affairs related to the selection of IPO (corporate disclosure)-managing securities companies;

2. Affairs related to the defendant's IDR;

3. Support for the establishment of the defendant's financing and strategy;

4. Support for value ratings and analysis by the defendant;

5. Advice on relevant finance/management strategies;

6.Other services incidental to these matters, provided that in promoting this project the role of the plaintiff is limited to the above advice and advice, and all practical judgments, decisions and contracts shall be performed by the defendant and shall be responsible for the result thereof.

Article 6 (Consultation Fees and Successful Remuneration)

1. The Defendant and the Plaintiff must pay to the Plaintiff KRW 50,000,000 (excluding value-added tax) as advisory fees pursuant to this advisory agreement.

Provided, That the advisory fee shall be paid on the date of conclusion of the contract.

2. The defendant shall pay to the plaintiff 250,000,000 won (excluding value-added tax) with the contingent fees at the time this work is completed.

Provided, That the contingent remuneration shall be paid within three days from the date of completion of this transaction.

B. Investment 1) Investment in Defendant C, the real representative of the Plaintiff, is D and E Co., Ltd. (hereinafter “E”) around July 2014 and around August 2014.

(2) E recommended the Defendant to make an investment by arranging the rest between the vice president F and G, the Defendant’s real representative, and by arranging to make an investment in the Defendant. (2) On August 2014, 2014, E received an investment of KRW 5 billion from D from the early policeman D, and 3.1 billion out of the said invested money, 61.73% of the Defendant’s equity interest (305,572 shares) through the participation in capital increase and the purchase of old shares.

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