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(영문) 서울고등법원 2020.01.15 2017나2069404
부당이득금
Text

1. The plaintiff's rehabilitation claim against the defendant for the rehabilitation debtor is 3,55.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of

Article 11(1) of the Special Agreement provides that “E shall manage all funds related to the project and establish a “sale revenue account” and “operating account” and “interest reserve account,” which are accounts in the name of E in order to manage trust funds. Article 11(2) of the Special Agreement provides that “In the case of redemption through normal proceeds (excluding cases falling under reasons for nonperformance under the business and loan agreement)” despite the priority of trust agreement, Article 4(7) of the Business and Loan Agreement provides that “The principal and interest shall be repaid in installments according to the agreed ratio of the first beneficiary of D and joint priority loans (referring to repayment according to the agreed ratio of D and joint beneficiaries, regardless of the arrival of the principal of each loan).”

The maturity of the instant PF loans between the Plaintiff and the Defendant, and the lender of the instant PF loans, etc., was changed to June 30, 2015 according to the Financial Change Agreement that was concluded on September 201, according to the Financial Conditions Change Agreement that was concluded on September 201, 201; June 30, 2015; and June 30, 2015; and June 30, 2016 pursuant to the Financial Conditions Change Agreement that was concluded on June 30, 2015. The maturity of the instant PF loans was changed to June 30, 2016, according to the Financial Conditions Change Agreement that was concluded on June 30, 2015.

The "the rehabilitation procedure of this case" in the 5th, 17, 18, 7th, and 5th, respectively.

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