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(영문) 서울고등법원 2017.12.21 2016나2079893
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 Act is to carry out the business of trust under the Trust Act and the business of acquiring, managing, disposing of property, etc. 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., Ltd.,” on April 29, 2008; hereinafter in this context, regardless of whether it was before or after the mutual change, the above company is called “Acheonyang Construction”) is an executor of the business of constructing and selling a main complex building on the land outside A and four lots (hereinafter “the instant project site”).

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

On March 27, 2008, the Company entered into a business agreement with the Company, the City Corporation and the Borrower, the Defendant as a fund manager, and the Korea Mutual Savings Bank as a lending financial institution (hereinafter “instant business agreement”) with the following terms and conditions (hereinafter “instant business agreement”).

(i)The objectives of this Arrangement are to clarify the roles, responsibilities and responsibilities of the project entities concerned for the smooth promotion of the Project and to provide for other detailed matters necessary for the implementation of the Project. Article 3(A)(A), B (the same as the Defendant; hereinafter the same shall apply), C (the Korea Mutual Savings Bank; hereinafter the same shall apply), C (the same shall apply) and C (the same shall apply to the following roles, duties and responsibilities of the project entities in good faith:

1. Roles and duties of A;

(a)the role as an executor and business 4) The Project as a collateral trust 6) with respect to the financing (such as the conclusion of a loan agreement, etc.) and all of the project sites.

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