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(영문) 서울동부지방법원 2020.12.23 2020가합111992
수입육 인도 청구 등
Text

Defendant B Co., Ltd. shall deliver each of the goods listed in the separate sheet to the Plaintiff.

The plaintiff and defendant C.

Reasons

1. Basic facts

A. A. Around May 2019 between the Plaintiff and D Co., Ltd. (hereinafter “D”), D was a collective investment business entity, and the Plaintiff was a trust business entity, and the Plaintiff was a trust business entity (hereinafter “instant investment trust agreement”).

B. On May 27, 2019, the Plaintiff entered into a bond acquisition contract (hereinafter “instant bond acquisition contract”) with F Co., Ltd. (hereinafter “F”) under the title “the first collateral acquisition contract with F Co., Ltd.” as the trust business entity of the instant investment trust contract. On the same day, the Plaintiff paid 6 billion won to G bank accounts in the F, and acquired corporate bonds with the face value of 6 billion won in the face value issued by F (hereinafter “instant bonds”).

C. D, in the position of the collective investment business entity of the instant investment trust agreement, as of the date F and F, made D as a mortgagee, borrower, and lender, and F as collateral, the F will make all imported land that it purchases using the issued bond of this case as collateral. However, F will make up for the future without specifying the collateral, and entered into a comprehensive transfer security agreement (hereinafter “the first transfer security agreement”) with attached Table 1, which is the blank, attached thereto.

The F, G Bank, and the Plaintiff concluded a monetary claim trust contract (hereinafter “instant monetary claim trust contract”) with the trustor and the beneficiary of Class B, the Plaintiff as the first beneficiary, and the G Bank as the trustee. The key contents are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to trust monetary claims to the G Bank by the F, and to collect, manage and dispose of them by the G Bank.

Article 2 (Trust Original and Profit-making) (1) This trust shall include the bonds specified in the List of Trust Property in the attached Table 1, as the trust principal, and the profits accrued from the operation, etc. of the trust principal.

(4) In this trust, the term "trust property" means the trust property.

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