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(영문) 서울고등법원 2017.12.15 2017나2003824

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, from 15 to 10, 16, except for a partial dismissal as follows. Thus, this case is cited as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. On the second page of the judgment of the court of first instance, the Defendant Company No. 16 to 17’s “Ediwon” is deemed to be “Ediwon Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. in the first instance,” and thereafter, “Ediwon” is deemed to be “Ediwon.”

B. On the third side of the judgment of the first instance, the Plaintiff’s first instance court dismissed “the Plaintiff” as “Tta Construction,” and the Defendant’s Korean Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) among the judgment of the first instance, including “the Defendant’s Korea Asset Trust Co., Ltd., Ltd.” (hereinafter “Korea Asset Trust”) collectively take place as “the Defendant

C. On the third and third sides of the judgment of the first instance, the following is added.

Article 3 (Trust Period) (1) The period of trust shall be as shown in attached Form 3, and the beneficiary and trustee may extend such period by mutual consent before the termination of the trust.

(2) Where a truster or beneficiary fails to repay the various expenses prescribed in Article 17 by the time the trust period expires, the trust period shall be extended automatically under the same conditions until the redemption of such expenses is made.

(3) Where the liability owed to the truster or beneficiary is not fulfilled, the trust period shall be extended automatically on the same conditions as that of the beneficiary at the request of the beneficiary.

Article 17 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the beneficiary:

1. Taxes, public charges, registration expenses, and trust fees for real estate in trust;

2. Design and supervision expenses and construction cost;

3. Redemption of borrowings, interest thereon, lease deposit, etc.;

4. Expenses related to the repair, preservation, and improvement of real estate in trust and fire insurance premiums;

5. Expenses incurred in dealing with sale in lots;

6. The trustee shall perform the trust affairs under the trust contract;