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(영문) 서울중앙지방법원 2015.12.08 2015나28684

대여금

Text

1. The part of the claim against the selected party C in the judgment of the first instance shall be revoked;

2. The Appointed C Co., Ltd.

Reasons

1. Facts of recognition;

A. (1) With respect to the business of newly building and selling E commercial buildings (hereinafter “instant commercial buildings”) on several and six parcels, the executor company C (hereinafter “designated company”), K Co., Ltd. (hereinafter “K”), K Co., Ltd. (hereinafter “K”), Daol Real Estate Trust Co., Ltd. (hereinafter “Daol Real Estate Trust”) which is a fund management trust company, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Inc., Ltd. (hereinafter “Seoul Mutual Savings Bank”), and Rason Mutual Savings Bank, Inc. (hereinafter “the instant loan bank”), which is a lending financial institution, concluded a business agreement on March 26, 2004. < Amended by Act No. 7213, Mar. 26, 2004>

The main contents of the instant case are as follows:

Article 3 (Service and Business Affairs)

3. Roles and duties of the multi-real estate trust;

(a) The entrustment of duties delegated by the designated company in the contract of fund management agency and duties delegated by this Agreement;

C. Article 5 (Loan of Project Costs) (1) The Loan Bank of this case intends to provide the selected company with a loan by setting the interest rate of KRW 16,500,000 per annum and six months from the loan date as the loan period.

Article 6 (Registration of Trust) (1) The Selection Company shall enter into a trust contract with respect to the project site as a trustee of real estate trust at the same time with respect to the foregoing loan execution, and complete the transfer of ownership and the registration of collateral trust.

(2) At the same time as the above collateral trust contract is concluded, the loan bank of this case shall be issued a certificate of beneficial interest with priority beneficiary.

Article 7 (Acting as Agent for Fund Management) (1) The real estate trust with the designated company shall be above.