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(영문) 서울중앙지방법원 2018.04.18 2016나78501
추심금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The Plaintiff’s status as a party, etc. is a financial institution that has implemented an intermediate payment loan to the buyers of the main complex building (hereinafter “the instant building”) on the ground outside A and four lots (hereinafter “instant site”). The Defendant (the Defendant’s trade name was changed from Daol Real Estate Trust Co., Ltd. to Daol Trust Co., Ltd. on March 17, 2009, Daol Trust Co., Ltd. on March 25, 2010, Daol Trust Co., Ltd. on March 25, 2010, Daol Trust Co., Ltd. on December 5, 2013) is a company with the purpose of acting as an agent in relation to the trust business under the Trust Act, and the acquisition, management,

Acheon Construction Co., Ltd. (the trade name of the above company was changed from “Syang Construction Industry Co., Ltd.” to “Acheon Construction Co., Ltd.” on April 29, 2008; hereinafter “Acheon Construction Co., Ltd.”) is an executory of the business of constructing and selling the building of this case and a contractor of the business of building and selling it.

On March 19, 2009, the Acheon Construction was decided to commence rehabilitation proceedings with the District Court 2009 Joint3, and was declared bankrupt on December 29, 2010 by the District Court 2010Hahap8.

The purpose of this Agreement is to clarify the roles, scope of duties and responsibilities of the relevant project owners in order to facilitate the project, and to prescribe detailed matters necessary for the project implementation, such as the conclusion of a business agreement and a real estate security trust agreement.

Article 3 (A (Acheon-Sacheon Construction), B (Defendant), and C (Korea Mutual Savings Bank) shall faithfully perform the roles, duties, and responsibilities of the following subparagraphs:

1. Roles and duties of A;

(a) Roles as an executor and business 4) The funding (such as the conclusion of a loan agreement, etc.) and all of the project sites related to the project will be entrusted to B with the management of the funds, such as the receipt, management, and execution of the funds, sales (leases) revenues, etc. borrowed under the name of B related to the project in the name of B, and 10 main points of business support.

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