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1. The Plaintiff’s Defendant under a loan agreement between the Plaintiff and the Defendants on January 16, 2014.
Reasons
1. Basic facts
A. On June 19, 2012, the Korea-Japan Leisure Co., Ltd. (hereinafter referred to as “Korea-China Leisure Co., Ltd.”) concluded a management-type land trust agreement on the development project of Samsung C&T, Inc. (hereinafter referred to as “Korea-Japan”) with the trustor, the Plaintiff, and the first priority beneficiary in the return, designating the trustor, the Plaintiff as the truster, the Plaintiff, and the first priority beneficiary in the return, for the Hanwon Leisure Co., Ltd. (hereinafter referred to as “Korea-China Leisure Co., Ltd.”) changed from one another to one of Samsung C&T Co., Ltd. on July 4, 2014.
B. On January 16, 2014, Hanwon Leisure Co., Ltd. entered into a loan and business agreement with the Plaintiff and the Defendants, etc., and entered into a loan agreement with the borrower, the Defendants, the lender, and the Plaintiff as the contractor (hereinafter “instant agreement”). As shown in Appendix 1, as shown in Appendix 1, the Defendants (hereinafter “Defendant Qz Comprehensive Financial Securities Co., Ltd.”) borrowed a loan of KRW 40 billion in total (hereinafter “loan under the loan agreement A”) from the Defendants (hereinafter “Defendant Mzz Capital Co., Ltd.”) in the said agreement.
The main contents of the instant agreement are as shown in the attached Form, and the contents of Article 8 (1) among them are as follows:
(hereinafter “The proviso of Article 8(1)” refers to “the provision on the instant repayment order.” The repayment of Article 8(1) and the repayment of Article 8(1) prior to the due date shall be repaid in full by no later than two years from the date of withdrawal.
Provided, That loans B may be repaid only after the full repayment of loans A.
C. Around January 16, 2014, the Hanwon Leisure Co., Ltd. entered into a management-type land trust agreement with the Plaintiff, the Defendants, etc., and entered into a management-type land trust agreement including the following:
The first priority beneficiary (the upper priority beneficiary limit) after the change of classification before the change of classification.