(영문) 서울중앙지방법원 2014.05.02 2013가합51761

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(영문) 서울중앙지방법원 2014.05.02 2013가합51761

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 18, 2012, the Plaintiff entered into a contract with B, a company acquisition advisory and verification consulting and verification consulting (hereinafter “instant contract”). The main contents are as follows.

1. Purpose and scope of the contract;

(a) This contract shall be concluded with a view to commissioning Eul (referring to the defendant) (referring to the plaintiff) as an exclusive consultant and delegating the affairs of paragraph 2 below to the end of the acquisition of the listed company.

2.The duties to be delegated to B under this Agreement shall be as follows:

(1) From the beginning to the end of the project, Party A’s position as the exclusive consultant and (2) with respect to legal advice, corporate financial statements, corporate assets and technology assessment, and business feasibility assessment, and (3) preparation of terms and conditions negotiation and consultation (4) preparation of all contracts after entering into the contract, and (5) support after entering into the contract, and (6) support of CB and BW issuance necessary for the support of balance disposal and the operation of the company.

5. Method of remuneration and payment.

(a)A shall pay 4% of the acquisition and merger amount for the entire consulting services of B;

This amount includes all the expenses incurred in the selection of domestic experts and in performing their duties in the course of this work.

(b)A shall pay the remuneration as follows:

After signing the contract: After concluding the contract of the company subject to M&A (including the completion of the contract): 1% after acquiring the company (within one week after completing the registration of the representative director): 4% of the acquisition and merger amount including the previously paid remuneration.

(c)in the event that A fails to pay B, within the due date, its remuneration in breach of the agreement even after completion of the corporate acquisition advisory and verification process, it shall additionally pay 20 percent (20%) damages for delay on a yearly basis;

Basic fees shall be 4%, and where the total amount of acceptance exceeds ten billion won, 1% shall be applied to such excess.

B. The Plaintiff is the Plaintiff.

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