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(영문) 서울중앙지방법원 2015.06.03 2014가합50673
추심금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The summary of the case is the case where the plaintiffs sought the payment of the collection amount against the defendant after receiving the seizure and collection order concerning the business expense claim against the defendant of the United Nations ENH Co., Ltd. (hereinafter referred to as the "Co., Ltd."), from the time when the second title is omitted).

The execution and management-type land trust contract for the land trust contract for the type of management-type land management-type management-type management-type land trust contract for management-type land trust contract for management-type land (trustee and beneficiary), defendant (trustee 1), dopco (joint third beneficiary), volcanic construction (joint third beneficiary), Mez comprehensive financial securities (joint third beneficiary) will be concluded as follows:

Article 13 (Conclusion, etc. of Services Contracts) (1) A trustee shall enter into any service contract as a project operator or project owner.

(2) In principle, the other party to a service contract shall be selected through general competitive bidding, and where a truster has already concluded a contract, he/she may succeed to such contract.

Article 15 (Performance, etc. of Sale Business) (1) A trustee shall conduct sale business, such as advertising for sale and sales contracts.

Provided, That it may be determined differently in consultation with the truster, the contractor, and the preferential beneficiary.

Article 20 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the truster:

5. Expenses incurred in selling in lots and in dealing with rental affairs. (2) Where a trustee is unable to pay the expenses under paragraph (1) from the trust property, he/she shall pay them to the beneficiary or a person liable to provide procurement expenses under a separate agreement.

Article 37 (Special Agreement and Revision of Trust Contract) (1) Any trustee may make a special agreement, if he/she considers any matter not prescribed in the Trust Contract or any matter to be prescribed differently from the Trust Contract.

Article 2 (Apportionment of Affairs) (1) The truster, trustee, contractor, first and second beneficiaries shall be entitled to receive the special agreement to achieve the objectives of the project.

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