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(영문) 서울중앙지방법원 2017.01.20 2016가단60653
약정금
Text

1. The Defendant’s KRW 57,200,000 as well as annual 6% from April 26, 2016 to May 31, 2016 to the Plaintiff.

Reasons

(a)the service period shall be automatically extended until the conclusion of the relevant negotiations, where the service period has expired;

Provided, That where an investment contract is concluded prior to the expiration date of services, it shall be up to the date of conclusion.

Article 6 (Payment of Service Remuneration) The total remuneration related to this service shall be determined separately as follows, with the retainer and contingent remuneration (hereinafter referred to as "service remuneration") and value-added tax:

1.The retainers shall be KRW 40 million and shall be paid KRW 20 million to the plaintiff et al. within 10 business days from the date of the conclusion of this contract and shall be paid KRW 20 million upon entering into an investment contract.

2. The contingent remuneration shall be paid in accordance with the following table when entering into an investment contract, and such contingent remuneration shall be paid to the Plaintiff, etc. within 10 business days after the Plaintiff, etc. requested the Defendant from the date of the first payment of the investment amount:

[Attachment 1] The contingent fee rate investment amount *1.60% legal advisory investment amount *0.40% of legal advisory investment amount *0.40%

3. The amount of the investment under this Article includes the investment attraction (issuance of new shares, ezanaine investment, and borrowing) of the Defendant and the Defendant’s related company, and the Defendant promises that the Defendant’s related company pay the amount of the contingent remuneration in accordance with the above contingent fee ratio to the amount of the investment attraction.

5. If the defendant delays the payment of the service remuneration and other execution expenses, the plaintiff et al. may claim an additional amount calculated by applying the overdue interest rate of the plaintiff et al. to the main bank for delay of performance as additional dues for delay of performance.

B. In addition to the instant contract on November 9, 2015, the Plaintiff, etc. entered into a consulting service contract with the representative director B, in-house director C, and Defendant’s shares at the time of the Defendant. The content and scope of legal advice stipulated in the said contract is “Defendant” as “B and C”, “investors” as “Buyer”, and “investment contract” as “sales contract.”

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