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(영문) 서울중앙지방법원 2017.09.12 2017나20240
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that provides consulting services on the management, acquisition, etc. of non-performing loans, and the Defendant is a company that provides consulting services on the management, acquisition, etc. of non-performing loans. 2) The Defendant concluded a consulting contract with the Plaintiff (hereinafter “instant contract”) with the following contents through E representing the Defendant on February 15, 2016 in order to receive a successful bid for the items other than the Chang Sea-gu Seoul Special Metropolitan City, Seocho-gu B and 19 items (hereinafter “instant real estate”).

3) At the time of entering into the instant contract, the Plaintiff and the Defendant agreed that the purchase price of the above claim and collateral security (creditors and collateral security holders: Etha 1412 securitization specialized) was at least five billion won. According to the Defendant’s intent to acquire the NPL claim, the Plaintiff shall provide advice on the NPL claim. 1.

2. On the condition that the Plaintiff presented to the Plaintiff, if an agreement with the holder of the NPL claim is completed, the Defendant must also conclude the acquisition agreement. If, on the other hand, the Defendant’s circumstance or the cause attributable to the Plaintiff, the contract shall be deemed to have been concluded, and the commission shall be paid in accordance with Article

Article 3 (Fees) The consulting fees for the implementation of this Agreement shall be as follows:

1. The Defendant’s consulting fees to be paid to the Plaintiff shall be the amount calculated by subtracting the contract amount from the daily amount of KRW 100 million by the acquisition of the pertinent NPL bonds.

(Additional Tax)

2. The Defendant’s fee shall also be paid to the Plaintiff on the date the contract is concluded.

B. E representing the Defendant on February 15, 2016, as the process of performing the instant contract and the developments leading to the termination thereof.

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