1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Plaintiff is a creditor who has a claim for damages for delay calculated at the rate of 20% per annum from October 15, 2018 to the date of full payment with respect to C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

(2018 No. 1785).B.

The Defendant entered into a contract with a trustor for real estate sale management and trust contract with the trustor as to the site of the 1 through 6 construction site of each of the eight construction sites listed below “the following construction site” (hereinafter referred to as “1 to 8 construction site”) among the attached Form “the indication of claims to be seized and collected” (hereinafter referred to as “the above attached Form”) and entered into a business agreement and agency contract with the executor (trustee) and the non-party company (hereinafter referred to as “agency contract”).

The main contents of the agency service contract are as follows:

1) The executor shall perform such tasks as granting permission, such as building permission, raising funds necessary for the project, concluding construction contracts with the non-party company, and paying construction expenses under the construction contract. The defendant, as an agent trust company, shall perform the tasks of paying all expenses, including construction expenses, from the fund management account, including sales revenue management account, and receiving and managing the sales price (Article 3). (2) The construction expenses shall be claimed by the non-party company to the executor every 60 days with a written confirmation (or a process confirmation) attached to the supervision division, and the executor shall request the defendant to pay the construction expenses with the consent of the intermediate payment lending institution, etc., within seven business days from the date on which the claim is made.

The construction cost shall be paid within the order of fund execution and the fund management account.

The executor shall take measures to ensure that the construction price of the non-party company is paid within the due date.

(Article 11. 3) When intending to withdraw and execute funds from the account for sale revenue management or the fund management account, the executor shall be non-party to the execution of funds.