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(영문) 서울중앙지방법원 2018.01.31 2017나11338
추심금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant (the Defendant’s trade name was the Daol Real Estate Trust Co., Ltd.), but was changed to the Daol Trust Co., Ltd. on March 17, 2009, to the Daol Trust Co., Ltd. on March 25, 2010, to the Daol Trust on December 5, 2013, respectively.

A) The purpose of the Trust Act is to carry out the business of trust under the Trust Act and the acquisition, management, disposal, etc. of property by proxy. 2) Acheon Construction Co., Ltd. (the trade name of the company was “Syang Construction Industry Co., Ltd.,” but was changed to “Acheon Construction Co.,, Ltd.,” on April 29, 2008; hereinafter in this context, regardless of whether it was before or after the mutual change, the above company was called “Acheonyang Construction”) is the executing company and the starting company of A and 4 main complex buildings on land (hereinafter “the apartment of this case”).

B. 1) Acheon Construction, Defendant, and Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) are the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”).

On March 27, 2008, the Corporation and the Borrower, the Defendant as a fund manager, and the Korea Mutual Savings Bank as a lending financial institution (hereinafter the purpose of this Agreement) entered into a business agreement with the following contents (hereinafter the objective of this Agreement). The objective of this Agreement is to clarify the roles, scope and responsibilities of the project owners concerned, and to prescribe other detailed matters necessary for the implementation of the project in order to facilitate the realization of the project.

Article 3 (Service and Business Affairs) A (Acheon Construction; hereinafter the same shall apply), B (Defendants; hereinafter the same shall apply) and C (Korea Mutual Savings Bank; hereinafter the same shall apply) shall ensure that each of the following roles, duties, and responsibilities are performed in good faith:

2. Roles and duties of Eul;

(a)Paragraph 1(a);

The delegation of duties delegated by A under subparagraph 6 (c) and other duties delegated by this Agreement

(b) Entrustment of all the project sites by security trust;

(c) in the name of B for the management of funds in relation to the Project.

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