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(영문) 서울중앙지방법원 2016.08.31 2015가합569440
추심금
Text

1. The defendant shall pay to the plaintiff KRW 201,00,000 within the scope of trust property under the trust contract as stated in the attached Form, and this shall apply.

Reasons

1. Facts of recognition;

A. On May 25, 2007, UNFF Co., Ltd. entered into a land trust business agreement (hereinafter “NFF”) concluded an agreement on May 25, 2007 on land trust business with the Defendant, a stock company, the same river loan (hereinafter “same river loan”), a stock company (hereinafter “same river loan, etc.”) and the same road construction business (hereinafter “the same river loan, etc.”) and the Seoul Seongbuk-gu Seoul Seongbuk-gu Multi-Family Complex Complex Construction Business (hereinafter “instant business”) as land trust. In order to carry out the same river loan and the same road construction business, the land trust business agreement was concluded on November 15, 2007 with the Defendant as the truster and joint construction guarantee company, and the Defendant as the trustee.

(hereinafter referred to as the “instant trust agreement”). The main contents of the instant trust agreement are as follows.

Article 9 (Management of Trust Funds) (2) The withdrawal of funds from a trust account shall be submitted to the same lending, etc. along with the written request along with the grounds for withdrawal (a service contract, written request, tax invoice, etc.), and the same lending, etc. shall be notified to the defendant by no later than three business days prior to the date of the request for withdrawal, and the defendant shall confirm the contents of this Agreement and notify the defendant of the designation of the purpose of the funds. The defendant shall agree to disbursement after confirming the contents of this Agreement, but the fund management company shall manage and execute the funds in accordance with the provisions of this Agreement with due care of a good manager, and shall submit to the defendant evidentiary documents necessary for the accounting

Article 24 (Order of Fund Execution) (1) In principle, the fund execution order related to the project shall be executed in the following order regardless of whether the expenses for the project are trust expenses or not:

1. Part-time payments loans, such as taxes, public charges and various contributions, and other financial expenses, for trust property;

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