logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.09 2012가합35632
채무부존재확인 등
Text

1. On April 2, 2012, with respect to the Plaintiff’s Defendant, the principal borrowed KRW 5,018,700,250 among the principal and interest on trust expenses as of the base date.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. On December 13, 2006, the Plaintiff entered into a land trust business agreement (hereinafter “previous business agreement”) with the Defendant and the Pung Forest Industry (the “former trust agreement”) on the following grounds: (a) the Plaintiff entered into the instant business agreement and trust agreement; (b) the land trust business agreement (hereinafter “previous trust agreement”) and the land trust agreement (hereinafter “previous trust agreement”) with the Defendant on April 16, 2008, respectively; and (c) entered into a land trust agreement and the land trust agreement with the Defendant or Pung Forest Industry on April 16, 2008, under which the terms of the previous business agreement or trust agreement were modified (hereinafter “instant business agreement and trust agreement”).

[This case's business agreement] Article 3 / [Business Allocation and Cooperation] The plaintiff, defendant, and Pung forest industry (hereinafter "Pung forest industry") share the following business affairs and cooperate in order to achieve the purpose of this project:

1. The plaintiff, as the truster of the main business, shall perform the following duties:

1) Assistance in the sales of the Defendant in the business of the instant case to the third party, including approval of the business (including approval of modification) in accordance with the construction plan, as well as in the execution of the procedures for registration of the trust, securing the purchase fund, securing ownership, cancellation of rights other than ownership, and execution of the procedures for registration

2. The defendant, as a trustee of the main business, shall perform the following duties in cooperation with the plaintiff and the scenic industry, etc.:

1) As a contractor under a contract for construction works, such as project approval (including approval for modification) under a construction plan, support for project approval and permission by the competent authority (2) funding such as process management, administrative support by the competent authority, and trust affairs 3) sales performance and sales payment (3) funding.

1. Proceeds from sale;

(3) The interest rate on loans under paragraph (1) 2 shall apply.

arrow