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(영문) 서울서부지방법원 2015.05.22 2014가합37224

공사대금

Text

1. The defendant Asian Trust Co., Ltd. shall be the scope of trust property under the management-type land trust contract on October 29, 2009.

Reasons

1. Basic facts

A. Cop and Dable milk development (hereinafter collectively referred to as "cop, etc.") are companies that carry out the instant project in order to newly build and sell the instant apartment at Won, Seoyang-gu, Seoyang-si, Seoyang-si, Seoyang-si, the Seoul Metropolitan City 145-1. The Plaintiff was the company that acquired the construction right from the existing contractor of the instant project and participated in the instant project.

Of the remaining Defendants except the Defendant Asia trust, Defendant Gyeongnam Bank lent the project funds required for the instant project to cF, etc. by means of project wave loan, and other Defendants acquired the status of lender by taking over the loans from other lenders of the said loans, such as the National Agricultural Cooperative Federation, the Industrial Bank of Korea, the National Federation of Fisheries Cooperatives, and the Gwangju Bank.

(hereinafter referred to as "the defendant lender" in total of financial institutions that are or were in the position of the lender, including the defendant Jongnam Bank, etc.

On September 30, 2009, the Plaintiff concluded a construction contract on the instant apartment by setting the construction period as KRW 307,015,665,00 by December 2, 2010, between the Cofran, etc. and the work period.

C. On October 29, 2009, Defendant Asia: (a) concluded a management-type land trust agreement with the Plaintiff and the Defendant lender for the operation of the instant project; (b) concluded a management-type land trust agreement with which the Defendant Asia Trust will be entrusted with the implementation of the instant project and the execution of expenses (hereinafter “instant trust”); and (c) opened the instant trust account for operating the trust fund (Seoul AF Bank 317-001-3382-31, etc.); (d) the content of Article 15(2) of the Special Agreement on the Method and Order of the Execution of Project Costs under the instant trust agreement is as follows:

(Provided, under the foregoing, Gap is the cofinc, Eul is the defendant Asian Trust, Byung means the plaintiff and the defendant is the lender.