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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Business Agreements and agency business contracts, loan agreements, and sales management and trust contracts; 1) Patna Korea Co., Ltd. (hereinafter “Patna”) (hereinafter “Patna”)
[Defendant-Appellant] Busan Gyeong-dong and 1391-53 and 7 lots (hereinafter “instant land”).
2) The building of this case is the building of this case, 'the total of the cJ Madrid Madrid Madrid Madrid Madrid Madrid Madrid Madrid Mad
(B) the project to newly build and sell a facility (hereinafter referred to as “the project”)
In order to implement its duties, the Plaintiff, an agent trust company, and Defendant Asian trust and Defendant lender, a financial institution for loan, entered into a business agreement and an agent contract with each other to determine their respective duties and responsibilities (hereinafter the same shall apply in total as amended on February 24, 2010) (hereinafter referred to as “instant agency contract”).
A. Of the instant agency contract, the content on the execution of the project fund is as follows.
§ 23. The order of the execution of the funds. (1) The defendant Asian Trust shall pay the funds in accordance with the following order of priority, if there is competition in the performance of the funds in accordance with Article 22:
1. Taxes and public charges of trust property, registration and litigation costs, refund of termination of sale in lots, expenses for the promotion of projects, acting fees, and trust fees;
2. Overdue interest of the Plaintiff’s construction cost;
3. Amount of the Plaintiff’s construction cost up to 2,280,000,000 won (30% of the construction cost).
4. Principal and interest of loans;
5. 70% of the Plaintiff’s construction expenses.
6. The construction cost increased due to design changes, etc.;
7. Other incidental expenses.
8. On the same day, Senenna entered into a loan agreement with the Defendant to obtain a loan by setting the loan limit of 14 billion won from the Defendant lender in order to procure land purchase costs and project costs, etc. necessary for the instant project in accordance with the instant agency contract (hereinafter referred to as “the loan agreement of this case” on July 29, 201, when the loan maturity was changed from July 29, 2012 to July 29, 2012.
w) 3).