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(영문) 수원지방법원 2016.04.29 2014가합14255
손해배상(기), 보증채무 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The plaintiff on September 27, 2006, 000 YAC Co., Ltd. (hereinafter "YAWC")

2) The land of this case (hereinafter referred to as the “instant land”) is a parcel of land A and 132, which was enforced by the White-gun, Suwon-gun, and 132.

) Ground condominium buildings (titled to “B”, “C”, “D”, and “E” are successively changed; hereinafter “instant partitioned buildings”).

) New construction works (hereinafter “instant construction works”)

(2) The Defendant is a trust company established by the Trust Business Act for the purpose of performing duties, such as the trust of land and its fixtures, and is a trust company established by the Trust Business Act with regard to the instant land, etc., which has entered into a contract of proxy and a contract of real estate management and disposition on behalf of another person.

B. 1) On February 28, 2005, the Defendant entered into a contract for the construction of the instant sectional building (hereinafter “instant project”).

2) As indicated below, the instant first agency contract is concluded between 00 YDC and YD Construction Co., Ltd., a contractor (hereinafter “instant first agency contract”).

Article 4 (Delegation Matters, Roles and Duties) of the First Agency Contract.

1. White D&C shall delegate to the defendant the following duties:

1) The Defendant requests for the establishment of a trust account for the management of the sales proceeds, etc. of the instant project and the receipt, management, and operation of the trust account for the management of the sales proceeds, etc. (ii) the receipt of all funds including sales proceeds, and the execution of construction costs, other project costs, etc. (within the scope of all revenues such as sales proceeds, etc.)

2. In order to achieve the objectives of the instant project, the Defendant shall share their roles and duties as follows and mutually cooperate, as follows:

3) The defendant (the role and work of the delegated agent) (1) The current status management and inspection of the sales contract affixed to the trust account and the sales contract.

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