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(영문) 서울중앙지방법원 2015.04.15 2014가합579228

공탁금출금청구권확인

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1. The plaintiff's action against the defendant is dismissed.

2. The financial investment in the Plaintiff and the Defendant Dlimb project.

Reasons

1. Basic facts

A. On November 27, 2009, the part of the conclusion of the monetary trust contract as of November 27, 2009 1) Defendant Dlimb Project Financial Investment Co., Ltd. (hereinafter “Defendant Dlimb”).

on November 23, 2009, our Bank Co., Ltd. (hereinafter “Korea Bank”) (hereinafter “Korea Bank”)

(1) The corporate MDA deposit account (Account Number 1005-601-57613, Deposit Amount to 75 billion won, hereinafter referred to as “instant first account”).

After opening the loan, on November 27, 2009, KRW 850 billion was received from the lender consisting of the Plaintiff, Samsung Securities Co., Ltd., Korea Investment Securities Co., Ltd., and new securities Co., Ltd., and on the same day, for the purpose of securing the above loan obligations, the first-class beneficiary (the first-class beneficiary) between the lender and the above lender shall be the above lender, and the second-class beneficiary (the second-class beneficiary) shall be respectively determined as Defendant Drupb, respectively, and the second-class beneficiary shall be designated as Defendant Drupb, respectively, and the monetary trust contract (hereinafter “instant first trust contract”).

(2) On November 27, 2009, Defendant Drupb notified the Plaintiff of the instant deposit claim of the instant first account with the Bank, and on the same day, obtained the consent of the Bank from Korea for the fixed date date of the said trust.

3) Thereafter, around December 11, 2009, the status of the first-class beneficiary under the instant trust contract was transferred to a d d d d d b d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d e d d d d d d d d e d d d d d d d d d d d d d d d d d d d d d d d d d d d