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(영문) 서울중앙지방법원 2017.09.28 2017나13235

손해배상(기)

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

A. The instant business agreement and the instant trust agreement were requested to be terminated.

Accordingly, upon the request of North Korea Development, the Defendant drafted a draft of the trust contract of this case and the contract termination agreement of this case (hereinafter “the termination agreement of this case”) with the Plaintiff, the Defendant, the North Korea Development, and the non-party bank as the party to the agreement of this case, and explained to North Korea that “In order to terminate the trust contract of this case, the consent of the non-party bank, the beneficiary, is necessary for the termination of the contract of this case, and the consent of the non-party bank and the plaintiff, which are the party to the agreement of this case, must be affixed

The development of North Korea sent the text of the termination agreement of this case to the plaintiff and the non-party bank with no seal affixed respectively. The North Korea Development and the plaintiff and the non-party bank separately signed the text of the termination agreement of this case around June 17, 2014 and signed it on the draft of the termination agreement of this case by each party facsimile, etc. and then they are related to the security trust agreement and the business agreement and the agency contract entered into between the parties as follows. The truster and the debtor and the beneficiary (operator): the Corporation for the Development of North Korea (A: the trustee and the Agency for the Trust and the Agency for the Development of North Korea: the defendant priority beneficiary (financial institution): the former sentence of the bank of the non-party bank - the former sentence of the bank of Korea - the trust contract of this case designated as the first priority beneficiary (hereinafter referred to as "trust contract of this case"), and the agreement of the plaintiff, Eul, Byung, and Byung concluded the project of this case with respect to the business of this case, and completed the development project of this case as Gap, Byung and Byung will terminate the trust agreement of this case.

- - Future - Section A (Termination of Trust Contract and Business Agreement), Section B, C, C, C, as a result of the fulfillment of the purpose of the contract under a trust contract and a business agreement, shall terminate the trust contract and the business agreement.

§ 2.