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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
A. On September 14, 2010, the Plaintiff purchased the land as a site for the new construction of the Mapo-gu, Young-gu, Suwon-si, c large 2059.4m2 (hereinafter “instant land”). On October 14, 2010, the Plaintiff borrowed KRW 10 billion from the New Bag Capital in order to raise funds for the purchase of the said land, and KRW 13 billion from the Dong House Savings Bank respectively.
(2) On the same day (hereinafter “the first loan”). On the same day, the Defendant acquired the said first loan claim from the Gab Capital, and the Plaintiff consented thereto. (b) However, on April 201, 201, the Plaintiff decided to proceed with the construction of accommodation facilities and officetels on the said land (hereinafter “water source business”) by changing the said land into a business that is to construct accommodation facilities and officetels (hereinafter “water source business”). On October 5, 201, the Plaintiff obtained a building permit for accommodation facilities on the instant land from the Gab Capital market. (c) In order to raise additional expenses incurred in the progress of the water source business, the Plaintiff continued negotiations to obtain 26 billion won PF loan (hereinafter “the second loan”).
The defendant on January 27, 2012,
2.9.9 and
2. On October 3, 2012, the Plaintiff presented the major financial conditions of the second loan as the title “a summary of major financial conditions” to the Plaintiff. On February 21, 2012, the Plaintiff sent the draft agreement to the Plaintiff.
E. In the document of the “main financial condition summary” sent to the Plaintiff on March 8, 2012, the Defendant proposed that the second loan contract was concluded on the condition that the Defendant would be set up as the first third priority holder of the right to benefit by amending the trust agreement between D and the non-party Co., Ltd. Co., Ltd. (hereinafter “Co.”), the Plaintiff’s subsidiary company, and Non-party Co., Ltd. (hereinafter “D”) with respect to the construction of the Mamcco Co., Ltd. (hereinafter “Macco”) that was in progress in Yongsan-gu Seoul.
However, it is now known that the existing investor of the Yongsan Industrial Project is the Yongsan Industrial Complex.