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(영문) 서울중앙지방법원 2018.01.31 2017나11321
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 acquisition, management, disposal, etc. of property 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.,” on April 29, 2008; hereinafter in this context, regardless of whether it was before or after the mutual change, the above company was called “Acheonyang Construction”) is the executing company and the starting construction of the main complex building on the land outside A and four lots (hereinafter “the apartment of this case”).

B. 1) Acheon Construction, Defendant, and Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) are the 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 (the purpose of this Agreement) with the following contents of the agreement (as referred to in Section B and Article 1 (Purpose of this Agreement). The objective of this Agreement is to clarify the roles, scope of duties and responsibilities of the business entities concerned and to prescribe other detailed matters necessary for the implementation of the project.

Article 3 (Service and Business Affairs) Gap (Acheon Construction; hereinafter the same shall apply), Eul (Defendant; hereinafter the same shall apply) and Byung (Korean Mutual Savings Bank; hereinafter the same shall apply) shall have the roles, duties and responsibilities falling under any of the following subparagraphs performed in good faith:

2. Roles and duties of Eul;

(a)Paragraph 1(a);

The delegation of duties delegated by A under subparagraph 6 (c) and other duties delegated by this Agreement

(b) Entrustment of all the project sites by security trust;

(c) relating to this project;

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