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(영문) 서울고등법원 2016.05.27 2015나2022067
공탁금출급확인
Text

1. The following amount among the part against Defendant B in the judgment of the court of first instance against Defendant B is equivalent to the amount ordered to be paid.

Reasons

(a) shall be civil or criminal responsibilities when the matter arises;

Article 4 (Determination of Construction Costs) The above three companies shall subcontract the construction work for Hanyang Development Co., Ltd. in accordance with the first contract for the construction work.

A construction work shall be executed in accordance with the first estimate, but additional construction costs shall be determined through consultation on the basis of general commercial transactions.

Article 5 (Settlement of Expenses) It shall be the final amount at the time of settlement of input expenses of B and C, and shall be settled after completion.

Special agreement: Class B and Class C shall recognize only relevant documents and documentary evidence of expenses incurred in input and saving.

Article 6 (Distribution of Shares in Terms and Conditions of Business) This Agreement shall be distributed in accordance with their respective shares at the time of occurrence of profits according to the same shares, and may be settled in lots at the time of unsold sale.

At the time of settlement, the amount after the settlement of construction cost, execution cost, and land cost shall be considered as profit, and the ratio of ownership for profit shall be agreed as follows:

* 70 per cent of the profit for the implementation of A’s share.

* * 15 per cent of the profit from the implementation of the shares in B.

* * 15 per cent of the profits from Byung’s equity implementation.

The parallel 26 to 9 of the first instance judgment (the part at the bottom of the 8th judgment "g.") shall be cut to the following:

G. Meanwhile, upon the termination of the trust agreement with Defendant B on January 8, 2014, Korea Asset Trust deposited KRW 932,05,185 as the principal deposit in accordance with Article 248(1) of the Civil Execution Act on the ground that the creditor’s attachment and assignment order, creditor’s claim provisional attachment against the profits from the trust business (the amount obtained by deducting the expenditure items of repayment of principal and interest, etc. from revenue items such as sales revenue) to be paid to Defendant B by the beneficiary (the revenue items such as sales revenue, etc.), and the creditor’s claim was provisionally seized against the creditor’s claim under H’s above assignment order, and that the creditor’s claim was deposited as the principal deposit in accordance with the Seoul East District Court’s Seoul East District Court Decision 2014 No. 97 of the first instance judgment (hereinafter “h. paragraph”).

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