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(영문) 서울중앙지방법원 2015.07.22 2015가합510967
우선수익자지위확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The party-related C&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) carries out the business of newly constructing and selling the 6th underground and 29th above ground-ground business (hereinafter “instant business”) on the land in Seocho-dong 1582, Seocho-gu, Seocho-gu, Seoul (the part of the land among the real estate listed in the attached Table 1 list). The Plaintiff is a contractor in charge of the instant business, and the Defendant is a trust company that entered into a security trust agreement on the real estate listed in the attached Table 1 list (hereinafter “instant real estate”).

B. On May 28, 2008, the non-party company entered into a business agreement between the Plaintiff, a loan financial institution, etc. on May 28, 2008 to determine the status of each party to the instant business performance, the duties in charge, and the subsequent rights and obligations (hereinafter “instant business agreement”).

this year, and the same year.

6. On November 1, 198, the Plaintiff entered into a loan agreement on the instant loan of business funds (hereinafter “instant loan agreement”) with Daewoo Capital Co., Ltd. (hereinafter “Ari Capital Co., Ltd.”) (hereinafter “Ari Capital”) regardless of whether it was before or after the mutual change.

2) Since then, the instant business agreement and loan agreement were amended several times. The Plaintiff guaranteed the repayment of the principal and interest of loans to the lending financial institutions under the instant loan agreement through a modified agreement on October 31, 2008. 3) Meanwhile, on May 16, 2008, the Nonparty Company changed its trade name into the present trade name with the Defendant (the name was changed to the Defendant (the Defendant without distinction) on May 16, 2008 to secure the principal and interest of loans, etc. under the instant loan agreement.

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