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(영문) 청주지방법원충주지원 2016.12.01 2016가합318
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the premise of the dispute

A. On October 19, 2015, C Co., Ltd (agent and surety) and D entered into a consulting service agreement on the development of factory sites for the parcels, other than E, and 28 parcels, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On October 2015, the Plaintiff agreed to receive KRW 500,000 from D for the service payment claim under the above advisory service agreement, and the Defendant signed and sealed on the assignment of claims in the assignment of claims.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff sought payment of KRW 500 million for advisory service claim against the Defendant acquired from D, and that the Defendant did not pay the service cost due to D’s failure to perform the advisory service contract.

3. Determination

A. First of all, in full view of the acquisition claim of the Plaintiff’s assertion, namely, the existence of advisory service claim against the Defendant, i.e., D, the entry of evidence No. 1 and the purport of the entire pleadings, the key contents of the advisory service contract concluded between D and the Defendant are as follows.

Article 1 [Purpose of this Agreement] The purpose of this Agreement is to provide Party A (referring to D; hereinafter the same shall apply) with advisory services, such as the raising of investment funds, advice, interference, mediation, etc., for projects that Party A (referring to C Co., Ltd.; hereinafter the same shall apply) needs in connection with the above project site (the two-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-si) and Party A

Article 6 (Payment of Service Fees)

1.A shall pay B the cost of this advisory service under this advisory agreement to B in the following manner:

The time of payment shall be paid on the basis of the date when the financing under Article 2 subparagraph 2 is completed from the date this advisory contract is concluded, but it shall be limited to within March 18, 2016 at the time of completion of the project.

(b)The amount of payment is presented by A by means of this consulting service, as the amount of financing under Article 2 subparagraph 2.

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