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(영문) 서울중앙지방법원 2017.07.26 2016가합561368

공탁금출급청구권 확인 등

Text

1. Between the Plaintiffs and the Defendants, the Seoul Central District Court on September 9, 2016.

Reasons

1. Basic facts

A. The conclusion of the instant business and loan agreement and the conclusion of the instant trust agreement 1) Nonparty A Co., Ltd. (hereinafter “A”) omitted the entry of “stock company” with respect to all the stock companies.

2) The Plaintiff’s collective housing and neighborhood living facilities (hereinafter “instant collective housing”) with the 2nd underground and 445 households above the 4th ground level in the Gangwon-gu Seoul Special Metropolitan City.

) A new project (hereinafter referred to as “instant project”)

In progress, on April 24, 2014, the business and loan agreements of this case (hereinafter “instant business agreement”) as shown in attached Table 1 between the borrower, the plaintiffs of the Si construction project, the lender, the Matz fire and marine insurance, the Matz capital, the Matz capital, the modern Matz social, and the financial institution acting together with the defendant Matz comprehensive financial securities of the lender and the lender, and both the loans A, B, and C are collectively referred to as “each of the instant loans.”

(2) Upon completion of the instant collective housing, the instant business agreement concluded the instant collective housing agreement with Defendant Matz comprehensive financial institution, as a senior loan undertaking institution, to implement each secured loan as a subordinate loan undertaking institution. The instant business agreement was partially amended on May 8, 2015. (2) On April 24, 2014, pursuant to Article 7 of the instant business agreement, the instant business agreement concluded a trust with Nonparty 1’s trustee, Nonparty 1’s first priority beneficiary interest interest interest interest interest interest interest interest interest interest interest interest interest interest interest interest interest, Matz marine insurance, Matzgs, modern social welfare, and the instant trust agreement with Defendant Matz comprehensive financial institution, construction and construction, and the Plaintiffs and management-type land (hereinafter “instant trust agreement”).

3. A as a borrower on April 24, 2014: (a) if the borrower is unable to repay a loan agreement between the institution undertaking a security loan and Defendant Matz comprehensive financial securities, an acting financial institution, the borrower shall not exceed 45 billion won as a collateral for each of the instant loans.