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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the cancellation shall be dismissed;
2...
Reasons
1. The following facts may be found either in dispute between the parties or in combination with Gap evidence of Nos. 1 to 4, 7 to 11, and Eul evidence of Nos. 1, 2, and 6 (including the number; hereinafter the same shall apply) and the testimony of K witness of the trial of the court of the trial by taking into account the purpose of the whole pleadings:
At the time of residence, G Co., Ltd. (hereinafter “G”) promoted a new project for E on the land outside L and three lots (hereinafter “instant project”). Around September 28, 2005, the Plaintiff entered into a financial advisory contract with the Plaintiff to take charge of all or part of the business related to the instant project, including the issuance and acquisition of bonds (total amount of KRW 30 billion) for the purpose of raising funds necessary for the instant project, and the financial structure and consulting for the financing of the necessary funds.
B. On September 29, 2005, G is the executor of the instant project; H is the contractor of the instant project; the company F is the contractor; the company F (hereinafter “F”) loaned KRW 30 billion to G, and the company F (hereinafter “F”) is the agent and agent of the I Co., Ltd.; and the company agreement with the representative director of G as the joint and several surety of G (Evidence No. 4; hereinafter “instant business agreement”).
On the other hand, the defendant, around September 29, 2005, established a "CSpecial Asset Investment Trust" fund (hereinafter "the fund of this case") as an asset management company under the former Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Aug. 3, 2007) around February 4, 2009, as the Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Aug. 3, 2007) was enforced, and on the same day, a N Co., Ltd., the trustee company of the fund of this case, takes over the loans from F, and the trustee company shall take over the loans from F, and the trustee company shall comply with the direction of the defendant, the asset management company (Evidence No. 1).