1. The plaintiff's claim is dismissed.

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

Basic Facts

당사자의 지위 원고(변경 전 상호 : 유안지앤씨 주식회사)는 서울 서대문구 대현동 144 외 1필지 지상에 건축하는 파비상가(구 메이퀸상가, 이하 ‘이 사건 상가’라 한다)에 관한 분양사업을 실시한 시행사이고, 유안종합건설 주식회사(이하 ‘유안종합건설’이라 한다)는 그 시공사이며, 피고(논현중앙지점)는 위 상가의 각 분양계약자에 대한 분양대금 중 중도금에 관한 대출업무를 담당한 금융기관이다.

On April 29, 2004, the headquarters of the Defendant Bank issued a letter of approval for collective loans to the seller of the commercial building of this case at the central branch of the Defendant Jung-gu. The main contents are as follows.

1. Subjects: General household loan;

2. Ceiling amount: the ceiling amount) No more than 9,400,000 million won (Won 9,400,000,000 - Up to 15 percent of the parcelling-out price.

5. Fund use: Part payments;

6. Claims protection (a) (b) joint and several sureties of the Plaintiff, United States comprehensive construction, current Zone I Housing Redevelopment Association, (c) joint and several sureties of the same amount of loans;

7. Approval Conditions (a) (a) the contractor, the executor and the housing association party performance guarantee (joint guarantee) and the letter of business agreement with the housing association, and the copy thereof shall be submitted to the Lan Bank to the Kan Bank. A copy of the separate letter of additional agreement (collective loan) shall be collected from the individual borrower. It shall be treated after the cancellation of the legal restrictions (provisional seizure, auction progress, provisional registration, etc.) on the real estate of this case. The construction of the plaintiff, the defendant (on the port of discussion) and the debtor shall lend to each seller of the commercial building an intermediate payment equivalent to the sale price, but the construction of the plaintiff and the UNan General is jointly and severally guaranteed, and the defendant entered into a business agreement with the purport that the loan will be executed by directly depositing the above loan in the account reported by the plaintiff with the payment delegation from each seller.

(hereinafter referred to as “instant business agreement”).