1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, Defendant, etc. (hereinafter “instant project”) constructed solar power plants of 4.10 MW in the area of Austria, with the construction of solar power plants of 4.10 MW, and thereafter, agreed to sell electricity to the electricity trading station in Austria through a local corporation (E) and to operate the project using the proceeds for the installation of solar power stations and other financial costs (hereinafter “instant project”).

(2) The Defendant, as a financial intermediary of the instant business, performed the business funding through the establishment of SPC and the issuance of ABCP (hereinafter “ABCP”), and the Plaintiff, as a contractor of solar power plants, agreed to take over a loan obligation to reinforce credit in the process of raising funds through the issuance of ABCP.

Accordingly, on November 21, 2012, the Defendant established F limited liability companies (SPC) and G limited liability companies, and entered into a loan agreement with F limited liability companies (hereinafter “instant existing loan agreement”) with the borrower and G limited liability companies as the lender and with the loan principal of KRW 9.8 billion (hereinafter “instant existing loan agreement”). On the same day, the Plaintiff entered into an agreement with F limited liability companies to assume the obligation of the said loan obligations with the F limited liability companies.

(C) On June 21, 2013, the lender company and the borrower company entered into an additional loan agreement replacing the existing loan agreement of this case with the main content of adding the loan amount of KRW 10.6 billion to the loan amount of KRW 9.8 billion under the existing loan agreement of this case and changing the total amount of KRW 10.6 billion among the five joint and several sureties (in particular, changing H into I) (hereinafter the above additional loan agreement of this case) (hereinafter referred to as “the instant loan agreement”).

The plaintiff takes over the obligations under the loan agreement of this case from the borrower company on the same day as in the existing loan agreement of this case.