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(영문) 서울중앙지방법원 2018.12.21 2017가합570352
손해배상(기)
Text

1. Of the instant lawsuits, the part demanding reduction of trust remuneration shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

On September 30, 2002, the Defendant: (a) entrusted D with D Co., Ltd. (hereinafter “D”); and (b) concluded a project loan business agreement with D, which mainly focuses on the construction and sale of an officetel with the fourth underground floor and the twenty-fiveth floor above the ground surface (hereinafter “instant business”); (c) between D and F organizations with a loan of KRW 10.5 billion from F organizations; and (d) the Defendant entered into a project loan business agreement with D to take overall charge of the instant business.

The instant project did not properly proceed due to the failure to perform the construction of officetels, etc., and the Intervenor joining the Defendant acquired the right to benefit under the land trust agreement from D around December 5, 2005.

On December 8, 2005, the Defendant, the Intervenor, the Intervenor, the G Co., Ltd. (hereinafter referred to as “G”), and the I (hereinafter referred to as “I”) were real estate trust companies for the instant business on December 8, 2005, and the Intervenor, as the borrower, G was an asset management company, and I entered into a project agreement to perform each of the duties as the contractor.

(hereinafter “instant project agreement”). On December 15, 2005, the Defendant’s Intervenor, Defendant, and I entered into a land trust agreement with the Defendant to take charge of the business of this case as the beneficiary of the instant project; the Defendant, as a real estate trustee, the process management; the sale of real estate; the construction fund management; and I, as a contractor, the commencement of construction and completion of the responsibility.

On the other hand, the plaintiff is the trustee company of the investment trust of J, and the defendant joining the defendant is the asset management company of the above investment trust. G as the managing company of the above investment trust, and I and K (the representative director of the defendant joining the defendant joining the defendant) as the joint and several surety for the borrower's loan obligations, according to the project agreement of this case on December 8, 2005.

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