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(영문) 서울고등법원 2018.04.18 2017나2021891
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

The grounds for appeal by the plaintiff who cited the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Accordingly, the reasoning for this Court concerning this case is consistent with the reasoning for the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

On the third side of the judgment of the first instance court, the following contents are added to the “instant business agreement” part.

Article 4 (Business Apportionments and Cooperation Obligations) In order to achieve the objectives of the Project, the truster, trustee and first priority beneficiary, contractor, joint guarantor and guarantor of the Project shall share and cooperate with each other as follows:

2. A trustee of the project shall perform the following duties in cooperation with a truster, contractor, etc.:

e. Article 18 (Raising of Funds Required) (1) The trustee shall raise the funds required for the trust project within the scope of 3 billion won for the project cost of this project by either of the following means:

(3) The limit of the project cost for the trust property borrowed by the trustee from the inherent account in relation to paragraph (1) 2 shall be three hundred million won (three thousand won in the case of a 3,000,000,000);

On the fourth decision of the first instance court, the following provisions are added to the “instant trust agreement” part.

Article 5 (Borrowings of Land Trust Contract for Sale) (1) A trustee may appropriate funds necessary for the construction of buildings and the performance of trust affairs for trust property, or borrow funds at the expense of a truster and beneficiary.

In such cases, the loan shall include the loan from the name of the truster or trustee and the loan from the trustee's own account.

"2,286,265,00,000 won" in the 8th sentence of the first instance court shall be "2,286,265,00 won" in the 19th sentence.

The written judgment of the court of the first instance shall be stated in the third and third pages of the written judgment.

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