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(영문) 서울고등법원 2015.10.13 2015나2023121
공탁금출금청구권확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The execution process of the monetary claim trust contract dated November 27, 2009 1) Dlimb project Financial Investment Co., Ltd. (hereinafter “Dlimb”) is the dlimb project (hereinafter “Dlimb”).

) On November 23, 2009, Korea Bank Co., Ltd. (hereinafter referred to as “Korea Bank”) is called Korea Bank.

(1) The corporate MDA deposit account (Account Number 1005 - 601 - 577613, deposit amount of 75 billion won, hereinafter referred to as “instant first account”).

After opening a new loan, on November 27, 2009, KRW 850 billion was loaned from the lender consisting of the Plaintiff, Samsung Securities Co., Ltd., Korea Investment Securities Co., Ltd., and new securities Co., Ltd. on the same day. On the same day, the first beneficiary (the first beneficiary) between the above lender and the above lender for the purpose of securing the obligation of the above loan, and the second beneficiary (the second beneficiary) between the above lender and the second beneficiary are set as the above lender, and the second beneficiary (the second beneficiary) set as the four sub-party and each set as the four sub-party, respectively, trust contract of monetary claims (hereinafter “the trust contract of this case”).

2) On November 27, 2009, the Plaintiff notified the Plaintiff of the instant first account deposit claim, and on the same day, the Plaintiff received the fixed date approval from the Bank for 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 h 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 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 d

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