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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Han-gu Construction Co., Ltd. (hereinafter in the case of a company, the title of “stock company” is omitted) is an executor of the business of constructing and selling apartment and neighborhood living facilities on the land of 263-1 and 21 lots of land (hereinafter “instant business”). On or around December 29, 2005 and December 7, 2006, the Bank of Korea, the Korea Exchange Bank, the Korea Exchange Bank, the Green Cross Life Insurance, and the ion Capital (hereinafter referred to as the “existing Dae-gu”) borrowed KRW 80 billion in total on two occasions from the Korea Exchange.
B. On May 28, 2009, Hanwon Construction entered into an agreement on the modification of the business agreement (hereinafter “instant agreement”) and the “Additional Loan Agreement” (hereinafter “Additional Loan Agreement”) with Sungwon Construction, which is a contractor for the instant project, and the Defendant, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank (hereinafter “SB Savings Bank,”) and Hyundai Switzerland Mutual Savings Bank, which thereafter changed into the “SB Savings Bank,” Franchis Savings Bank, Plaintiff Joint Savings Bank, and Future Mutual Savings Bank (hereinafter “Additional Grand Group”), etc. under the joint and several guarantee of Hanwon Construction, to receive a total of 60 billion won loans from the Additional Grand Group (hereinafter “Additional Loan Agreement”). The main contents of the instant agreement include the relationship between the representative financial institution and lender in the instant additional loan agreement as follows:
Article 18 (1) With respect to the affairs referred to in the business (including the exercise of rights and authority, the receipt of repayment and the receipt of notification, etc.) which the lender is in charge of pursuant to this agreement between the acting financial institution and the lender in paragraph (5) of the other party, the acting financial institution shall exercise.
(3) The amount to be withdrawn and the amount to be received by the lender shall be based on the principal and interest of each lender, unless otherwise provided in this agreement.