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(영문) 서울중앙지방법원 2021.01.21 2019가합575740
손해배상(기)
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of housing construction business, etc.

2) B Co., Ltd. (hereinafter “B”) is a stock company established for the purpose of housing construction business, etc.

B. On April 30, 2017, the Plaintiff and B entered into a contract for construction work (hereinafter “instant contract for construction work”) to which the construction period was fixed from September 4, 2017 to March 3, 2019 (18 months from the date of commencement), contract amount of 31,573,395,000 won (excluding value-added tax) (hereinafter “instant contract for construction work”). The Plaintiff and B agreed to enter into a contract for construction work (hereinafter “instant contract for construction work”). The Plaintiff’s share ratio is 60%, and the Plaintiff’s share ratio is 40%.

(c)

On May 24, 2017, G entered into a contract for succession to the instant construction project (hereinafter “instant contract for succession”) with the content that succeeds to the position of the ordering person from E, Plaintiff, B, and E, and the Plaintiff and B determined that their share would be B60% and Plaintiff 40%.

(d)

E entered into a loan agreement and entered into a loan-type land trust agreement with H limited company on June 29, 2017, E entered into a loan agreement to raise funds necessary for the business of newly building and selling the instant tenement house from the I Association and J Bank, and received loans of KRW 7,000,000,000.

The plaintiff, B, and the J Bank have drawn up a letter of commitment to supplement the funds to confirm that there is no supplement of the funds.

2) On June 29, 2017, E is a first priority beneficiary in order to perform the obligation of loans between G departments; J Bank is a second priority beneficiary; Plaintiff, B is a third priority beneficiary; and E is a truster and beneficiary; and E is a trust property.

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