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(영문) 서울중앙지방법원 2015.04.16 2014가합531721
부당이득금
Text

1. The succeeding Intervenor’s Savings Bank, the Private Savings Bank, the SBA Savings Bank, the stock company, and the stock company.

Reasons

1. Basic facts

A. In this case, E-Defendant Co., Ltd. is the executor of the business of constructing a multi-purpose apartment (hereinafter “instant business”) with the 386-64 and 66 lots (hereinafter “instant land”). The Defendant is a person entrusted with the instant land by the non-party company for the instant business, and the Plaintiffs and the succeeding intervenors are the parties who acquired the claim against the Defendant Co., Ltd. against the non-party corporation from the financial institution (hereinafter “Plaintiff”) which executed a loan in relation to the instant business or from the financial institution.

B. On October 23, 2006, in order to facilitate the instant project, the instant business and an agency agreement between the business and agent agreement and the security trust agreement between the two parties (hereinafter “instant agency agreement”), which set forth the collection of loans from the lender group and the Defendant’s agency fees, etc., for the sake of smooth progress of the instant business (hereinafter “instant agency agreement”).

(1) “A” (a) shall delegate to a receiver the following matters:

1. Opening, receipt, management, and operation of a “Fund Management Account” for the management of proceeds, etc. from sale of the project;

2. Receipt of all the funds relating to "the Project" (referring to receipt based on deposits into "the Fund Management Account"), construction costs, other project costs, etc. (Provided, That within the scope of all revenues, such as proceeds from sale and revenues from sale);

(2) “A”, “B”, “A” and “A” shall share their roles and duties in order to achieve the objectives of the project as follows:

1. “A” (a person who shall also hold office as an implementer) and duties;

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