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(영문) 서울중앙지방법원 2017.03.17 2016가단81414
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of banking business as prescribed by the Banking Act. The Plaintiff is the Defendant (former name: Daehan Real Estate Trust Co., Ltd., Ltd., and hereinafter “Defendant”).

2) The Acheon Construction Co., Ltd. (formerly: Yangyang Construction Industry Co., Ltd.; hereinafter “Acheon Construction”) is a company that operates a housing construction and supply project. 2) The Acheon Construction Co., Ltd. (formerly: Yangyang Construction Co., Ltd.; hereinafter “Acheon Construction”) is a construction project for the execution of an apartment complex B on the ground and fourth lots of land outside the Mayang-gu, Mayang-gu, and

(b) A project agreement between the defendant and the Acheonyang Construction and the conclusion of a real estate security trust agreement shall be deposited into the fund management account opened in the name of the defendant, all of the revenue related to the intended project, such as the principal of the loan, revenue from sale in lots or rent, interest income from the buyer in lots, overdue charge of the buyer in lots, financial institutions, etc., and refund money on taxes and public charges.

② The expenditure of all the project costs, excluding the construction cost, out of the revenue deposited in the fund management account after the commencement of the project, appears to be written confirmation by the Korean mutual savings bank under subparagraph 7, and only stated “written confirmation by the Korean mutual savings bank” but is deemed to be written confirmation by the Korean mutual savings bank.

Written summary of Acheon Construction

to be executed by the defendant, and the time of enforcement shall be written by the defendant.

Within seven days from the date of receipt of the request.

Provided, That the payment of construction expenses shall be governed by Article 13 (4).

(3) Notwithstanding the provisions of paragraph (2), with respect to the following subparagraphs, the defendant shall independently manage the funds, and the Acheon Construction and the Korea Mutual Savings Bank shall not raise any objection thereto:

Taxes and Public Charges

(b) Proxy fees;

(c) Costs of lawsuit and costs of cancellation of other restrictive rights;

(d) Assignment of rights and obligations under Article 24 of the principal and interest of loans of Korean mutual savings banks;

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