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1. Defendant Earth Investment Development Co., Ltd.: KRW 84,455,805 and its amount from March 18, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On March 28, 2008, the Defendant Land Trust Co., Ltd. (hereinafter “Defendant Land Investment Development”) entered into a fund management agency contract with the Defendant Land Trust Co., Ltd. (hereinafter “Defendant Land Trust Co., Ltd.”) on behalf of the Defendant for the purpose of collecting the sales revenue of buyers and the principal and interest of the four banks, including, but not limited to, the Plaintiff Land Trust Co., Ltd. (hereinafter “Defendant Land Trust”) in the course of carrying out the said project. The main contents of the instant fund management agency contract are as follows.
§ 3 (Scope of Acceptance) In accordance with this Agreement, the land trust to the defendant will be entrusted with the following powers necessary for performing its duties:
1. Opening of a trust management account and the receipt, management and enforcement of proceeds from sale deposited in the account; 2. Management of passbooks of the trust management account pursuant to Article 12 (Reversion of Rights and Obligations) of the Act on the Management of passbooks of the Account belongs to earth and sand development, and the legal effect of the proxy affairs performed by the defendant pursuant to the instant fund management contract, and the defendant performs simple fund management affairs for the project
B. On July 18, 2008, the Plaintiff entered into a sales contract with the Defendant Pato Development and the second floor B B 201, Yongsan-gu, Seoul, with the purchase price of KRW 129,932,137, and from July 18, 2008 to September 25, 2008, the Plaintiff paid the down payment and KRW 84,45,805 in total, by remitting the purchase price to the account in the name of the Defendant’s land trust, designated as the payment account under the sales contract.
On the other hand, under the sales contract of this case, a land trust for the defendant is written as a fund manager, and Article 1 subparagraph 7 of the sales contract of this case provides that the land trust for the defendant shall take charge of fund management of the purchase price, etc., and the other business operator and the seller shall be held responsible