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(영문) 서울중앙지방법원 2015.01.28 2014가합563612
용역비
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2011, the Plaintiff entered into a financial advisory service contract (hereinafter “instant first service contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the following content:

1) The Plaintiff shall provide necessary advice to convert loans of KRW 20,000,000 to the credit unions borne by the Defendant Company as well as loans of KRW 3,000,000 to the Korea Investment Savings Bank as loans of KRW 3,000,000 to loans of KRW 7% per annum for the first financial right. 2) The Defendant Company shall pay the Plaintiff KRW 200,000,000 as remuneration for advisory services in a lump sum or KRW 10,000 per annum for two years.

B. On January 2, 2012, the Plaintiff entered into another financial advisory service contract (hereinafter “instant second service contract”) with the Defendant Company with the following content.

1) The Plaintiff shall provide advice necessary for the Defendant Company to raise the business funds of the 20,000,000,000 of above ground officetels and new commercial buildings, such as Sungnam-si, Sungnam-si, which are promoted by the Defendant Company. 2) The security for the above financing is ① 237 units of multi-use buildings at port, ② 8 units of building No. 117 units of building E in Sungnam-si, ② 3 units of building No. 117 units of building E in Sungnam-si, ③ the above Ctel and new commercial buildings.

3) The Defendant Company shall pay the Plaintiff the remuneration for advisory services, but the sum of the financial interest and fees shall not exceed the amount calculated by the ratio of 15% per annum with respect to the funds raised as above. If financial interest and fees are to be raised by 10% per annum, the amount equivalent to 4% of the funds raised shall be paid as remuneration, and if financial interest and fees exceed 10% per annum, the excess portion shall be deducted from remuneration. 4) If financial interest and fees exceed 10% per annum, the above contract shall be automatically concluded within three months from the conclusion date of the contract.

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