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(영문) 서울중앙지방법원 2018.04.12 2017나20127
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) The Defendant (a) (a) is the Defendant (a corporation with the trade name prior to the change, a corporation Daol Trust, a corporation Daol Real Estate Trust, and a corporation Daol Real Estate Trust

A) The purpose of the Trust Act is to carry out the business of trust under the Trust Act and the business of acquiring, managing, disposing of property, etc. as an agent. 2) Acheon Construction Co., Ltd. (hereinafter “Acheon Construction Co., Ltd.”) is an executory work of constructing and selling a main complex building on the land outside A and four lots (hereinafter “instant project site”).

B. 1) Acheon Construction, Defendant, and Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) (hereinafter “Korea Mutual Savings Bank”)

A) On March 27, 2008, a company and a contractor and a borrower and the defendant as a fund manager, and a Korean mutual savings bank as a lending financial institution (hereinafter “instant business agreement”) shall enter into a business agreement with the Korea Mutual Savings Bank as a lending financial institution.

The agreement has been concluded, and the main contents of the agreement are as follows.The objective of this agreement is to clarify the roles, scope of duties and responsibilities of the project entities concerned for the smooth implementation of the project and to prescribe the detailed matters necessary for the implementation of the project. Article 3(A)(A), B(Defendant), and C(Korea Mutual Savings Bank) are to faithfully perform the roles, duties, and responsibilities of the project entities concerned:

1. Roles and duties of A;

(a) The role and work 4) the financing of the project (such as the conclusion of a loan agreement, etc.) and all of the project sites to B, as collateral trust 6) the receipt, management, and enforcement of the funds, sales (lease) revenues, etc. borrowed under the name of B related to the project in the name of B, shall be delegated to B, and the project shall be 10.

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