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(영문) 서울중앙지방법원 2020.07.21 2018가합563504
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that is promoting a multi-family housing development project (hereinafter “instant project”) in the area of land C in Namyang-si, Namyang-si, and the Defendant is a person who operates a certified tax accountant office in the name of D.

B. On January 2, 2017, the Plaintiff entered into a financial advisory service contract, etc.) on January 2, 2017, the Plaintiff: (a) designated the Defendant as an advisory service agency to provide financial advice related to financing, including land costs and project costs; and (b) between the Defendant and the Defendant, the financial advisory service contract on the borrowing of funds (hereinafter “instant contract

(2) Of the content of the instant contract, the parts relating to the instant case are as follows.

However, “A” refers to the defendant who “B” refers to the plaintiff.

Article 2(Scope of Services)(B) of the Financial Advisory Services Agreement provides to “A” under this Agreement shall be as follows:

1. Preparation of funds for the deposit of project funds and land costs and costs;

2. Deposit of a financial manager in the quota and project cost;

3. A proposal of the usage structure for the use of quotas and project costs (a summary of the project plan and a waterway analysis);

4. Other duties determined to be necessary for securing business funds (PF) from external investors through consultation between "A" and "B", as prescribed in Article 3 (Period of Service Execution).

1. This Agreement shall have effect immediately after the signing date (the date on which the requested document is completed) of the contract signed and sealed by the contracting party to the contract.

2. The date of termination of this Agreement shall be until the date of repayment of the deposited funds, and shall not exceed thirty (30) days per business day.

Provided, That the period of time may be extended by means of documents, letters, and mail upon consultation between the parties.

Article 4 (Remuneration for Services and Financial Costs for Securing Business Funds) The remuneration for services the “A” provides for financial consulting services related to this Agreement shall be as follows:

1. The timing for and amount of payment of remuneration for financial consulting services shall be as follows:

Service Fees: % (/ Value-Added Tax Separate) (1) Contract Deposit: this Agreement.

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