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(영문) 서울중앙지방법원 2014.07.01 2013가합500782

추심금

Text

1.(a)

With respect to the buildings listed in the separate sheet between Samchid Construction Co., Ltd and Han Bank.

Reasons

1. Basic facts

A. With respect to the business of newly constructing and selling approximately 9,621 square meters of a building site in Seocho-gu Seoul and about 27 square meters ( approximately 2,910 square meters) of the land site in Seocho-gu, Seoul (hereinafter “the instant business”), the lender, including the executor and the borrower, the Samchidddd Construction Co., Ltd. (hereinafter “Tchid Construction”), the Defendant, the contractor, and the Han Bank Co., Ltd. (hereinafter “I Bank”), have borrowed KRW 165 billion of the business fund from the lender, and the Bank has concluded a business agreement on May 15, 2006 with respect to the business of newly constructing and selling about 166 households of the main complex building (hereinafter “instant business”). The main contents are as follows.

A borrower who has secured a loan obligation to repay the principal and interest of loans under Article 10 shall enter into or have a contract falling under any of the following subparagraphs to secure a loan obligation:

2. Where the principal and interest of a loan has not been repaid until the date of approval for use due to the poor sale of the principal project, and there exists any unpaid construction cost, the borrower shall, pursuant to Article 15, paragraph 5 of this Agreement, establish a collateral trust or disposal trust for the unsold buildings and the entire site of the main building.

In such cases, the first-class right to benefit up to the limit of the unpaid construction amount among the amount up to 85% of the construction cost A shall be issued to the contractor to the lender with the second-class right to benefit up to the limit of 130% of the increases due to the reservation of the construction cost and the addition or modification of the construction cost contract agreement (including interest in arrears) to the lender.

Article 15. (v) Where the principal and interest of a loan has not been repaid until the date of approval for use due to the poor sale of the main terms of the contract for construction, and the unpaid construction cost exists, the executor shall preserve and register the entire unsold goods, and at the same time, provide a security or disposal trust to