1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an executor who runs the business of newly constructing and selling multi-family housing (including apartment units) 181 households (including rental housing 21 households) and neighboring living facilities on the ground of Jongno-gu Seoul Metropolitan Government Group C (hereinafter “instant implementation business”).

B. On September 2, 2019, the Plaintiff entered into a “Seoul Jongno-gu Multi-Family Housing Development Project and Loan Agreement” (hereinafter “Agreement”) with D Co., Ltd., E Co., Ltd., and F Co., Ltd. (hereinafter collectively referred to as “the lenders”) to obtain a loan within the limit of KRW 90 billion. The Defendant is an agency financial institution dealing with the lender’s loan-related affairs pursuant to the instant agreement.

(c)

The Plaintiff was granted a loan of KRW 36 billion out of the amount of KRW 90 billion to the lender under the instant agreement (hereinafter “instant loan”). D.

From November 2019, the Plaintiff began to sell an apartment unit under the instant implementation project and completed the sales of the apartment unit 159 units. From December 2019, the Plaintiff received down payment of KRW 13.2 billion from the buyers around December 2019.

마. 원고는 2020. 1. 7. 위와 같이 수령한 분양 수입금으로 대주들에게 이 사건 대출금을 변제하고자 하였으나, 피고는 이 사건 약정서 중 제 8조 제 2 항 제⑺ 호( 이하 ‘ 이 사건 쟁점조항’ 이라 한다 )를 들어 이 사건 대출금의 상환이 불가 하다고 답변하였다.

F. According to the key issues clause of this case, in the event that there is an agreement amount of unpaid limit loan (referring to the remaining amount of loan limit after deducting the amount of actual loan from the amount of loan limit), even if sales revenue is paid, a loan can only be reduced by transferring the amount of loan to the operating account, not from the repayment deposit account, and the amount of loan from sales revenue until all the amount of the contract amount of unpaid limit loan is reduced.