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(영문) 서울중앙지방법원 2015.07.16 2014가합553653
용역비
Text

1. The Defendant’s KRW 2,417,00,000 for the Plaintiff and the Plaintiff

A. Of the above money, KRW 1,617,00,000 from March 1, 2013 to June 1, 2014

Reasons

1. Basic facts

A. As to the procedure for disclosure and sale of loan claims amounting to KRW 64.7 billion (hereinafter “claim subject to purchase of this case”) against D Co., Ltd. (hereinafter “Korea Bank”) promoted on September 17, 2012, the Plaintiff (former: C Co., Ltd.) and the Defendant concluded an advisory service contract with the following contents (hereinafter “instant advisory service contract”) and received payment of KRW 333,000,000 (including value-added tax) at the Defendant’s expense.

Section 1 (Purpose) In connection with this Agreement, A is the Defendant and B as the Plaintiff in the instant advisory contract.

The purpose of this study is to provide Gap with advice by utilizing expertise and experience in the acquisition of non-performing loans, so that Gap or a person designated by Gap can acquire bonds for successful purchase.

Article 4 (Remuneration) (1) Remuneration which A pays to B in connection with this contract shall be the starting fee and the contingent remuneration.

(2) A shall pay 30 million won (excluding value-added tax) with the retainer within five business days from the date of conclusion of this contract to B.

(3) Where a person designated by Gap or Gap acquires claims subject to purchase, Gap shall pay to Eul the contingent remuneration calculated by subtracting the retainers of the above paragraph (2) above, which were paid from the sum of the basic remuneration and incentives under the following subparagraphs, within five business days from the date of acquisition:

1. Basic remuneration: 600 million won (excluding value-added tax);

2. Incentives: An amount equivalent to 20 billion won and an amount equivalent to 20 percent of the difference between the acquisition price and the claim subject to purchase (excluding value-added tax) where a claim subject to purchase is taken over at least 20 billion won.

§ 5.

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