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(영문) 대구고등법원 2020.09.24 2019나25999
공사대금
Text

The judgment of the first instance, including the claims modified by this Court, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, on the grounds that the Defendants’ reasoning is identical to the reasoning of the judgment of

(The Co-Defendant B Co-Defendant B corporation in the first instance trial refers to “B.” From 11th to 13th 9th 9th . The part of “the Plaintiff’s claim against Defendant E” is amended as follows.

A person shall be appointed.

4. Plaintiff’s claim against Defendant E

A. The summary of the Plaintiff’s assertion 1) Defendant E agreed to transfer part of the right to benefit held by Defendant E to secure the Plaintiff’s claim for the construction cost of this case against the Plaintiff. Accordingly, Defendant E notified the Plaintiff of the transfer of the right to benefit with priority to the Plaintiff so that the Plaintiff can exercise his right as the assignee of the right to benefit, and is obligated to register the Plaintiff as the first beneficiary on the beneficiary list. However, Defendant E did not perform the above duty. During that period, Defendant E terminated the instant trust contract with Party B, entered into a separate trust contract with P, and completed the registration of the trust in the name of P on the trust property. Accordingly, the above obligation owed to the Plaintiff by Defendant E was impossible. Accordingly, according to Article 7(5) of the instant trust agreement, the first beneficiary under the instant trust agreement without the trustee’s prior consent, was unable to transfer the status of the first beneficiary during the trust period to another person or make any other disposition, such as the creation of a pledge, etc. on the right to benefit, and Defendant E, as if possible, concealed such fact.

3. The Plaintiff sustained damages equivalent to KRW 1,101,818,082, which is the amount of the instant claim for construction cost, due to Defendant E’s nonperformance of obligations or fraudulent acts resulting from such nonperformance of obligations as above.

Accordingly, Defendant E is the Plaintiff KRW 1,101,818,082 and also the Plaintiff.

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