logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.24 2015가합15974
보증금 등
Text

1. The Plaintiff:

A. Defendant Donnam Construction Co., Ltd. and Dan&C Co., Ltd. are jointly and severally liable for KRW 600,000,000.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a corporation A (hereinafter “A”)

(2) The apartment complex building on the ground of land B and 51 lots implemented by Jung-gu, Seoul (hereinafter referred to as the “instant apartment building”).

2) A new project (hereinafter referred to as “instant project”)

(2) In relation to the project of this case, Defendant Yong Nam Construction is the starting corporation of the project of this case, and the Defendant Korea Land Trust is the trustee who entered into a sale-type land trust agreement with A (hereinafter “instant trust agreement”) on the project of this case.

3) Defendant D&C borrowed funds from the Plaintiff. B. A and its amendment 1) concluded the instant trust agreement with respect to the instant project on November 12, 2007, setting the trust period from November 12, 2007 to December 31, 2010 as the trustor A and the beneficiary and the trustee as the Defendant Korea Land Trust.

The main contents of the instant trust agreement are as follows.

Article 4 (Borrowing of Funds) (1) The Defendant Korea Land Trust may appropriate funds necessary for the construction of buildings and the performance of trust affairs as trust property, or borrow funds at the expense of A and beneficiaries.

In such cases, the borrowing of funds shall include borrowing from A or Defendant Korea Land Trust's own account and borrowing from Defendant Korea Land Trust's own account.

(4) The amount, repayment period, terms, etc. of loans under paragraph (1) shall be determined by the defendant Korean Land Trust, and the defendant Korean Land Trust shall, if necessary, consult with A.

Article 12 (Trust Profits) The trust proceeds shall consist of money belonging to trust property, such as sales proceeds (including contract proceeds and part payments), various insurance proceeds, and fees, and the profits from the management of such money and others corresponding thereto, generated from trust real estate.

Article 13 (Beneficiary and Right to Benefit) (1) The beneficiary of this trust shall be A.

However, with the consent of a third party, he can be the beneficiary.

(2) A beneficiary shall be stipulated in the trust contract.

arrow