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1. The plaintiff's claim is dismissed.
2. Seoul Central District Court 2012 Ma-4365 dated January 22, 2014 (2012 Ma185).
Reasons
1. Basic facts
A. The status D Co., Ltd. as the parties (hereinafter “D”) is the executor of the instant golf course development project in Hongcheon-gun E-ri, Hongcheon-gun (hereinafter “instant project”), and F Co., Ltd. (hereinafter “F”) is the contractor of the instant project. D is a special purpose corporation of F (SPC).
B. On December 28, 2011, D entered into a loan agreement with the Defendant to obtain a loan (hereinafter “instant loan agreement”) with a view to carrying out the instant project within the scope of KRW 25 billion from the date of withdrawal within the scope of KRW 6 months from the date of withdrawal, and the instant loan agreement includes the content that D shall obtain a loan of money within the scope of KRW 20 billion from H Co., Ltd. (hereinafter “H”), other than the Defendant. However, only the content of D and the Defendant related to the instant agreement is explained.
F jointly and severally guaranteed the Defendant’s obligation of D’s above loan, and according to Article 10(2)(i) of the loan agreement of this case, the Defendant may claim F to F the performance of all or part of the guaranteed obligation under the loan agreement of this case at the same time or in sequence.
C. G Co., Ltd. (hereinafter “G”) entered into a funding agreement with D and the Defendant on the same day (hereinafter “instant funding agreement”). Of them, the part related to the instant case is as follows.
Section 2. The Fund Supplementary Agreement G of the instant case bears the obligation to supplement the necessary funds to D in accordance with the provisions of this Agreement.
(hereinafter) The method of supplementing funds under Article 3: (i) the method of lending funds required by G to D: if a proxy financial institution (I stock company) determines that a cause falling under any of subparagraphs of Article 3(1) of this Act occurs, the amount equivalent to the relevant payment amount ? the reason for supplementing funds :