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(영문) 서울중앙지방법원 2019.10.18 2019가합536233
자금집행요청에 대한 승낙의사표시
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 17, 2014, the Plaintiff entered into a contract for interior services with the Plaintiff (including value-added tax) and D with respect to the design of interior services in the hotel rooms and common areas, the contract amount of which was set at KRW 275 million (including value-added tax) and received from D, the executor of the business (hereinafter “instant business”).

(hereinafter) The contract entered into with the Plaintiff is referred to as “instant contract.” The arrangement D related to the execution of the instant project concluded with the Defendant Company B (hereinafter “Defendant B”), the intermediate payment loan institution, Defendant C Cooperatives (hereinafter “Defendant C”), and 15 loan institutions, the intermediate payment loan institution, Defendant C Cooperatives (hereinafter “Defendant C”), the intermediate payment loan institution, and the agent trust company G (hereinafter “G”) as follows:

(hereinafter referred to as the “instant agency contract”). The method of executing funds under Article 22 (1) of the Act (hereinafter referred to as the “instant agency contract”). When intending to withdraw funds from the fund management account, D shall request G to affix the seal of the employee who has been reported in writing for the fund execution, and D shall request D to obtain the consent of Defendant C and Defendant B only once a month after obtaining the consent of all the funds execution through prior consultation.

Provided, That if D does not request the execution of funds within three business days from the date of the request for payment, G may be paid only to Defendant C and Defendant B, and if Defendant B does not consent to the execution of the other essential project expenses (it is possible from sales revenue due to additional sale) within three business days, G shall be paid only with D's request and consent, and all objection shall not be raised.

2. D Documents reasonably required by G in relation to the execution of the funds, which prove that the funds will be used as the project funds when requesting withdrawal.

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