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(영문) 서울서부지방법원 2015.05.22 2014가합4668
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Cop and Dable milk development (hereinafter collectively referred to as “cop, etc.”) are companies that carry out the instant project that constructs and sell the instant apartment on the Soyang-gu Solsan A1 block and A5 block in Goyang-si, Seoyang-si, Seoyang-si, and the Defendant is the contractor.

B. CoF, Ltd., while carrying out the instant business, received project wave loan from the National Agricultural Cooperative Federation, the Industrial Bank of Korea, the National Federation of Fisheries Cooperatives, the Gwangju Bank, and the Plaintiff Gyeongnam Bank while taking over the status as a lender from the above financial institutions, including the National Agricultural Cooperative Federation, etc.

(hereinafter referred to as the “Plaintiff”) in total, financial institutions that are or were in the position of the lender including the Plaintiffs.

Plaintiff

The lender and the defendant concluded a management-type land trust contract to withdraw the Asian trust in accordance with the order of fund execution agreed in advance when the Asian trust manages all business revenues, such as the sale price, in its name, etc., between the Asian trust and the Asian trust. The main parts of the order of fund execution are as follows:

Article 15 (Management and Execution of Trust Funds)

4. Interest on PF loans and part payments loans;

7. Priority loans from the plaintiff's lender who has extended any additional loan to the project cost, such as column;

8. The defendant's senior construction cost;

9. Loan repayment to the plaintiff's lender; 10. The defendant's remaining construction cost; 11. The defendant's profits from the execution of copon, etc.

D. Although the sale of the instant apartment does not proceed smoothly, the Plaintiff’s lender, the Defendant, and the Asian Trust concluded the first discount sale agreement to sell the instant apartment at least 17% discount compared to the initial sale price and to partially change the order of funding execution on December 13, 2011.

E. The sale under the first discount agreement does not proceed smoothly, but is almost the same as the first discount agreement around November 2012 in the case of the Plaintiff lender, the Defendant, and the Asian trust.

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