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(영문) 서울중앙지방법원 2015.05.20 2014가합515712
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 141,55,820 as well as 20% per annum from May 13, 2014 to the date of full payment.

Reasons

1. The purpose of this trust deed is to preserve and manage the trust real estate in order to secure the liabilities or responsibilities to be borne by the truster or beneficiary (including the debtor, if any) against the preferential beneficiary, and to dispose of and settle the trust real estate in the event of default by the truster or beneficiary;

Article 6 (Trust Property) The term "trust Property" means any property or property right managed and disposed of by a trustee according to the trust purpose, which is the lease deposit, penalty arising in connection with the sale price and sale procedure of the trusted real estate acquired and kept as a lessor by the trustee, profits accruing from the management of money belonging to the trust property, and others corresponding thereto.

Article 9 (Right to Benefit of Preferential Beneficiaries) (1) The scope of the right to benefit held by the preferential beneficiary shall be limited to the principal, interest, and delay damages of the claims of the preferential beneficiary against the truster or beneficiary who has increased or decreased due to credit transaction agreements between the preferential beneficiary and the debtor related to the project, construction contract, etc.

Article 15 (Bearing of Expenses for Performance of Trust Affairs) (1) Taxes, public charges, remuneration for trust, expenses for the maintenance and management of real estate in trust, financial expenses, and all other expenses necessary for the performance of trust affairs, and damages suffered by a trustee without any negligence in performing the trust affairs, shall be borne by the beneficiary.

(2) A trustee shall pay the expenses under paragraph (1) from the trust property, and shall pay the money received from the beneficiary if it is impossible to pay it.

(Ma) Article 33 (Tax Affairs, Accounting, etc.) (1) Matters concerning tax and accounting arising in connection with trust business shall be responsible for and dealt with by the beneficiary.

Tax and accounting matters related to trust property under Article 2 (Tax, Accounting, etc.) of the special agreement shall be borne by the truster.

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