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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The pertinent Plaintiff is the creditor of Egnis Co., Ltd. (hereinafter “Egnis”) who had carried out the business of constructing and selling officetels and commercial buildings (hereinafter “instant building”) on the land outside Jung-gu Seoul, Jung-gu and seven lots (hereinafter “instant building”). The Defendant is a company that received a contract for the construction of the said new building from Egnis and completed the construction by transferring Egnis the right to implement the construction from Egnis and after Egnis and completed the construction, and completed the preservation registration of the instant building in its name.
(B) On September 24, 2002, the Daesung Industrial Co., Ltd.: (a) divided into the shares of Defendant and Daesung Dong-dong Co., Ltd. (hereinafter “Defendant”); (b) in this case, the Plaintiff, etc. borrowed KRW 1 billion from the Plaintiff, etc. to pay the down payment for the instant building site; (c) on December 27, 2002, after completing the registration of ownership transfer for the said building site, the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and the mutual savings bank, etc. as the first beneficiary for the said building site.
Afterward, the Korean National Bank (hereinafter “National Bank”) was transferred the status of the mutual savings bank as a lending institution.
In case where the defendant, around March 2003, determined that it is considerably difficult to continue the business of this case because he did not repay the principal and interest of a national bank at the time of the agreed payment, and that it is considerably difficult to continue the business of this case due to he did not repay the principal and interest of a national bank, he shall consult with the national bank or the national bank and the defendant with respect to all kinds of business or administrative laws related to the business of this case and the implementation of this case.