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(영문) 서울중앙지방법원 2017.07.21 2017가합506160
유보금 청구의소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) concluded a land trust business agreement (hereinafter “instant business agreement”) with the Defendant, Hyundai Construction Co., Ltd. (hereinafter “former Construction”), a trust company, and the National Agricultural Cooperative Federation, a lending institution, on April 18, 2007, as an agent for the execution of the business of constructing and selling G main complex buildings (hereinafter “instant business”).

B. The Defendant concluded a land trust agreement with the owner of the instant project site in accordance with the instant business agreement (hereinafter “instant trust agreement”), and completed the registration of the trust on the instant project site.

C. The E’s creditors H, I, J, K, L (name prior to the change: M), consideration for a stock company: The trade name prior to the change of AelK, and Ael case: A corporation: Before the change of AelK: B/A: B/C N,O, P, and Slar Construction Co., Ltd. (hereinafter collectively referred to as “E’s creditors”) received a seizure and collection order (hereinafter referred to as “a collection order for each of the claims of this case”) as follows with respect to the claims, such as the project cost (E’s operating expenses, sales and business costs), profits, etc. against the Defendant of E:

(1) The amount of the claim for the seizure of each of the claims of this case shall be KRW 933,534,240 [The claim for the seizure of each of the claims of this case shall be 5% per annum from June 26, 2009 to September 3, 2010, and interest and delay damages at the rate of 20% per annum from June 26, 2010 to September 3, 2010] on the date of service of the garnishee (defendant) of the seized claim of this case, 2009 to 36780 to 20% per annum from the date of service of the garnishee (defendant).

1. Claim for business profit of this case 500,000,000 won (208Kadan4464 Claim 500,000,000 won as this seizure)

2. Proceeds of the instant project.

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