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(영문) 의정부지방법원 2019.05.30 2018나211717
기타(금전) 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. Defendant B entered into a sales advisory service contract with F on September 15, 2014 (hereinafter “instant advisory contract”) with respect to the transfer of stocks and management rights of E limited liability company (hereinafter “E”) and its related parties.

The main contents of the instant advisory contract are as follows.

(However, the service performance period was extended by March 31, 2015 according to the agreement between the parties).The purpose of Article 1 (Purpose of Service) “B” (F, hereinafter the same shall apply) is to ensure the successful completion of this case by carrying out the work in good faith included in Article 3 (Scope of Services) of this Agreement.

In other words, it means that the transferee takes over the shares of E from the transferor and the transferee takes over the shares from the transferor through due process of law.

Article 2 (Period of Service Performance)

1. The execution period of the “this case” is three months from the date of commencement of the work contained in Article 3 (Scope of Services) of this Agreement.

Provided, That it is possible to extend the period through mutual consultation, and if the period is extended, the remuneration for services under Article 4 (Remuneration for Services and Payment) of this Agreement shall be separately consulted and adjusted.

Article 3 (Scope of Services) The scope of services provided by “B” to “A” (referring to Defendant B, hereinafter the same shall apply) shall be as follows:

E Management rights and stock acquisition:

(a) Search and contact of transferee;

(b) negotiations with transferee;

(c) Calculation of transfer values;

(d) Closing of transactions;

(e) Other advice on management rights and stock acquisition (service remuneration and payment) ① The consulting service fees related to this case shall be contingent fees (value added tax).

(2) The success fees shall be KRW 200,000 (hereinafter referred to as "amount of gender subscription fees") on the condition that the success of this case is concerned.

fees shall be paid from the buyer who introduced the fees. or

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