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(영문) 서울중앙지방법원 2016.10.14 2016가합3565

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company with the purpose of banking business as prescribed by the Banking Act, and the defendant (the former name: the Multilateral Real Estate Trust Co., Ltd.; hereinafter referred to as the "defendant") is a company engaged in the construction and supply of housing.

Acheon Construction Co., Ltd. (formerly: Yangyang Construction Industry Co., Ltd.; hereinafter referred to as “Acheon Construction Co., Ltd.”) is a construction project for the implementation of an apartment complex B on the ground B on the ground and four lots of land in Gyeyang-gu, Yyang-gu, Anyang-si, and Yangyang-gu, Seoul.

Article 19 (Management of Funds) (1) of the conclusion of a business agreement between the defendant and the ASEAN Construction and a real estate security trust agreement, all revenues related to the target project, such as the principal of the loan, proceeds from sale in lots or rent, interest income from the buyer, arrears of the buyer, interest income from financial institutions, etc., and refund money on taxes and public charges, shall be deposited into the fund management account

② The expenditure of all project costs, other than the construction cost, out of the revenue deposited in the fund management account after the commencement of the project, is written confirmation by the Korean mutual savings bank under subparagraph 7, and is written confirmation by the Korean mutual savings bank under subparagraph 7. However, it is obvious that it is written confirmation by the Korean mutual savings bank.

Written summary of Acheon Construction

to be executed by the defendant, and the time of enforcement shall be written by the defendant.

Within seven days from the date of receipt of the request.

Provided, That the payment of construction expenses shall be governed by Article 13 (4).

(3) Notwithstanding the provisions of paragraph (2), with respect to the following subparagraphs, the defendant shall independently manage the funds, and the Acheon Construction and the Korea Mutual Savings Bank shall not raise any objection thereto:

Taxes and Public Charges

(b) Proxy fees;

(c) Costs of lawsuit and costs of cancellation of other restrictive rights;

(d) Assignment of rights and obligations under Article 24 of the principal and interest of loans of Korean mutual savings banks and power of representation;

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