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(영문) 수원지방법원안양지원 2016.04.07 2015가합378
구상금
Text

1. The Defendant’s KRW 384,503,728 as well as the Plaintiff’s annual rate of KRW 6% from May 5, 2015 to April 7, 2016.

Reasons

1. Facts of recognition;

A. Once the party’s related corporation (hereinafter “A”) performs the business of constructing and selling the buildings in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant building”) (hereinafter “instant business”), and the rehabilitation company A Co., Ltd. (hereinafter “A”) is a contractor that constructed the instant building after being awarded a contract for the construction of the instant building from the amamia. The Plaintiff is the manager of A, and the Defendant is the buyer who signed a sales contract for some of the instant buildings.

B. On November 29, 2005, the commercial bank and the new bank (hereinafter “new bank”) entered into an agency contract and real estate management and disposal trust contract with the commercial bank (hereinafter “new bank”) on behalf of the commercial bank and the new bank (hereinafter “new bank”) on behalf of the commercial bank and the new bank. According to such contract, the commercial bank, a seller, delegated the receipt, management, and enforcement of sales revenue, etc. to the new bank, an agent, and the new bank, after completing the registration of initial ownership of the completed building and the project site, shall manage and operate the sales revenue management account, and the new bank shall establish the sales revenue management account and manage and execute the sales revenue. 2) In accordance with the above agency contract, the commercial bank and the new bank concluded a real estate management and disposal trust contract between the new bank and the new bank on the same day to perform the affairs of preservation, management, and disposal of ownership, and concluded a trust contract and disposal of the building of this case separately with the new bank on the real estate management and disposal of the building of this case.

C. Article 1 (Loan) (1) of the Agreement entered into with the Pacific, A, and the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”)

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