(영문) 서울중앙지방법원 2015.12.18 2014가합538937

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(영문) 서울중앙지방법원 2015.12.18 2014가합538937

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1. Defendant Hyundai Construction Co., Ltd., Ltd., the Defendant Hyundai Construction Co., Ltd., Ltd.

A. Nonparty Co., Ltd.

Reasons

1. Basic facts

A. The status of the party is an agent for the implementation of the construction project of the building for the main complex in Yeonsu-gu Incheon Metropolitan City, Yeonsu-do, 21-59, 60, 64, and 65 (hereinafter “instant project”). The company responsible for the authorization and permission of the instant project, design, construction, and supervision, and the selection of service companies related to supervision, and the conclusion of contracts, etc., of the instant project. The Defendant Hyundai Construction is the contractor of the instant project. The Defendant Hyundai Assets Trust is the trustee of the instant project, and the Nonghyup Bank is a financial institution that is the deposit obligor of the attached table 1 to 8.

B. On April 18, 2007, a trust agreement of this case was concluded with Defendant Hyundai Construction, Defendant Korea Asset Trust and Nonghyup Bank, and land trust business agreement (hereinafter “instant trust agreement”) (hereinafter “instant trust agreement”). The details are as follows.

(A) No. 1, and below, “A” shall be the development of AF, “B” shall be the Defendant Hyundai Construction, “A” shall be the Defendant’s assets trust, and “I” shall be the Nonghyup Bank) Article 3 (Inward and Duties)

2.A "B" shall be the contractor of the project and carry out the following tasks:

(9) Financial management of the project

(a) Fund management, such as opening, management, and operation of various accounts;

(b) Management of funds for all kinds of expenses, such as construction cost, project cost, etc.;

3. "A soldier" shall be a trustee company with the following tasks:

(3) Fund management affairs such as opening, management, operation and execution of various accounts of the business. Article 4 (Priority Order and Individual Contract Conclusion)

1.The contracts to be concluded or already concluded between a party and a prop under this Agreement shall have complementary effects, but where they conflict with each other, the order of validity shall be as follows:

Provided, That notwithstanding the order of validity of the following agreements or contracts, the loan agreement of "B" shall be made:

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