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(영문) 서울중앙지방법원 2018.06.14 2016가합572276
손해배상(기)
Text

1. The Defendant’s KRW 104,713,91 for the Plaintiff and 6% per annum from December 7, 2016 to June 14, 2018.

Reasons

1. Basic facts

A. The Plaintiff (mutually: B) on November 29, 2012, the International Trust Co., Ltd. (trustee; hereinafter “International Trust”) entered into the instant trust agreement and the construction contract.

(2) The Plaintiff, the truster, entrusted to the trustee of Gangnam-gu Seoul Metropolitan Government C large 410.3 square meters, and the business facilities, neighborhood living facilities, and urban-type residential housing (hereinafter “instant building”) on the said land.

A) The management-type land trust contract, the main contents of which are to lease or sell after new construction (hereinafter “instant trust contract”).

(2) Accordingly, on November 29, 2002, an international trust (contractor) and the Defendant (contractor) entered into a construction contract with the total contract amount of KRW 8.3 billion (value-added tax separate) regarding the new construction of the instant building, and subsequently entered into a modified contract with the total contract amount of KRW 6 billion (value-added tax separate) by reducing the scale of construction (hereinafter collectively referred to as “the instant construction contract,” including the initial contract and the modified contract), and the Plaintiff participated in the position of the truster and the prime contractor at the time of entering into the instant construction contract as a contracting party.

3) Article 28 of the instant trust agreement provides that “where the trust contract is terminated, all the rights and obligations of the truster (trustee) shall be comprehensively succeeded to the Plaintiff, the truster.” B. Following the completion of the instant building and the termination of the trust contract, the instant building was completed, and international trust was approved by the head of Gangnam-gu on November 6, 2014.

2. The Plaintiff, the Defendant, and the International Trust shall terminate the instant trust contract on December 22, 2014; and upon termination of the trust, the Plaintiff shall succeed, on an all-inclusive basis, to the extent that the Plaintiff shall include the responsibility of the owner of the rights and obligations arising from the contract entered into with a third party.

“The” shall include the content of the trust account and terminate it.

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