손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) shall undertake the business of constructing and selling the “D shopping mall building” (hereinafter “instant shopping mall”) in the Nam-gu Incheon Metropolitan City and seven lots (hereinafter “instant land”). On April 3, 2007, the instant land was entrusted to Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”), and the same year.
6. On 20. 20. Defendant Korea Asset Trust, Si Corporation ELT Construction Co., Ltd., and Korea Exchange Bank Korea Exchange Bank Co., Ltd. (hereinafter “foreign Exchange Bank”) established a business and agency agreement (hereinafter “instant agency agreement”), and the main contents are as follows.
Article 1 [Purpose of Agreement] The objective of this Arrangement is to clarify the roles, scope of duties and responsibilities of the defendant B, SEL Construction Co., Ltd., foreign exchange banks, defendant Korean Asset Trust, and to prescribe detailed matters necessary for the promotion of the project so that the smooth progress of the project and the loans lent to the defendant B can be recovered without fail in order to facilitate the implementation of the shopping mall construction project of this case.
Article 4 (Delegated Matters, Roles and Duties)
1. Defendant B shall delegate the following duties to Defendant Korea Asset Trust:
1) The repayment management of loans to Defendant B’s financial institutions (within the scope of all revenues, such as short sales revenues) including the receipt of all funds, construction costs, and other project costs (within the scope of all revenues, such as short sales revenues) for the management of sales revenues, etc. of the project.
2. In order to achieve the objectives of the project, Defendant B, SEL Construction Co., Ltd., foreign exchange banks, and Defendant Korea Asset Trust shall bear their roles and duties as follows and cooperate with each other:
1) Defendant B (the role of the developer and the mandator, and the seller for sale in lots).