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(영문) 서울중앙지방법원 2016.02.04 2015가단5208699
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The New Construction Co., Ltd. (hereinafter “New Construction Co., Ltd.”) was engaged in the construction, implementation, and construction of the construction, and sale of the construction, of the construction, and the construction, of the construction, of the complex construction on the ground of Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu. 431-12, and thereafter, the enforcement company was changed to the Ptotong Development Co., Ltd. (hereinafter “Ntong Development”).

B. On November 2, 2010, the new business entered into a business agreement and an office contract with one asset trust (title prior to the alteration: 1. Daol Trust Co., Ltd.; hereinafter “One Asset Trust”) with respect to each of the above real estate, the first beneficiary entered into a sales management trust agreement with the original loan financial institution, Puho Mutual Savings Bank, etc. (hereinafter “Puho Mutual Savings Bank, etc.”), which is a new business. On the same day, one asset trust entered into a business agreement and an office contract with one asset trust with one asset trust, etc. to open the sales income management account, receive the sales price, and manage the sales price, and execute it with the business fund, and Puho Mutual Savings Bank, etc. loaned the business fund to the new business fund.

Since then, around 2013, the debtor of the above sale management trust contract, the business agreement and the agency agreement changed the priority beneficiary to the defendants, respectively, and the defendants borrowed the business fund for the use of soil development.

According to the above business agreement and agency business agreement, one asset trust shall pay the defendants' principal and interest of interest in implementing the business fund in preference to the construction cost of the new business.

C. The Plaintiff Company was contracted with the construction cost of KRW 200,000 among the construction works of the said building from the new construction business, and the construction was suspended during which the construction work was carried out.

Accordingly, the Defendants, on August 27, 2014, issued a “written confirmation” to a supplier of a new business, including the Plaintiff, with the following content as the title “written confirmation” 1-1, 2, and 3.

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