1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On December 15, 2009, B Co., Ltd. (hereinafter referred to as “B”) concluded a business license acquisition agreement with C Co., Ltd. (hereinafter referred to as “C”) to transfer to a third party designated by B all of the business rights and rights related to D industrial complex development projects held by C.

(hereinafter “instant business license acquisition agreement”). The main contents of the instant business license acquisition agreement are as follows:

Article 1 The term "rights subject to transfer" means all the positions (hereinafter referred to as "project rights") held by C as the implementer of the D Complex Project, etc. in connection with the relevant project.

Article 3.1 B Where Article 3.3.1 B gives written notice to C under Article 2.1 or 3, it shall be deemed that there exists a final agreement on the transfer of the right to transfer between C and the transferee on the date of receipt of the above written notice, and C agrees not to raise any objection or objection to the transfer of the right to transfer.

3.3. However, if C acquires a business license after transfer of the business license to change to a quasi-industrial area, B is the whole cycle of reduction of the loan interest, overdue interest payment obligation, etc. of the principal debtor C incurred before the time of acquisition of the business license.

B was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the plaintiff was appointed as bankruptcy trustee.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, the argument of the purport of the whole pleadings, and the plaintiff's argument C agreed with B to reduce the loan interest and overdue interest amounting to KRW 7 billion when the transferee obtains a business authorization for changing the business into the quasi-industrial area instead of transferring the business business right of this case to a third party designated by Eul.

As the instant project site is changed from a general industrial area to a quasi-industrial area, interest reduction or exemption stipulated in the instant project right acquisition agreement.