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(영문) 서울고등법원 2016.01.20 2015나2016871
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the part resulting in dismissal as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The fifth 19th 5th 19th 19th 10th 19th 5th 10th 7th 7th 10th 7th 7th 7th 7th 8th 8th 8th 8th 15 and 16th 16th 8th 8th 8th 8th 8th 8th 8th 8th 10 “AS Comprehensive Construction Company (hereinafter “AS”)” as “AS”, “Yansan Heavy Industries”, “Yansan Heavy Industries”, “Sansan Heavy Industries”, “Korea 11th 3th 11st 1st 3th 17th 5th 17th 5th 5th 17th 5th 17th 17th

(b) In Part 7 of the 7th judgment of the first instance court, “The settlement of the disposal price, etc. for the disposal of property shall be made after the full receipt of the disposal price.” Then, “However, in the case of installment payment, if there is no damage to the trustee, it may be settled even before the full receipt.

(c) the nine-way decision of the first instance court (from No. 9 to No. 5) are as follows:

3,772,747,959 won, which is the total outstanding amount of the loan of this case, was subrogated to the Han River lender on June 8, 2010, and on the same day, Defendant trust company requested the realization of the real estate of this case to Defendant trust company by asserting that it was the person who succeeded to the status of the first beneficiary through the payment by subrogation. On June 15, 2010, Defendant trust company again deemed to be followed pursuant to Article 5(3) of the Special Clause on the Trust Contract of this case to Defendant trust company on June 15, 2010, at KRW 331,250,954,115 (including value-added tax) which is the amount calculated on the basis of the higher of the appraised value of the trust contract of this case, and at KRW 331,250,954

In this case, the trust real estate of this case is a private contract.

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