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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B, on September 207, 2007, borrowed KRW 2.4 billion in the name of Daejeon Mutual Savings Bank Co., Ltd. (hereinafter “ Daejeon Mutual Savings Bank”) and KRW 1.2 billion in the name of B from Daejeon Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) in order to promote the new construction and sale business of multi-family housing (hereinafter “instant business”).
B. On December 22, 2008, B and Addigs Co., Ltd. (hereinafter “Addigs”) entered into a joint business agreement, the main contents of which are to invest KRW 130 million in Addigs B with business funds, and B, in its own name, to pay Addigs 20% of the earnings after carrying out the instant business.
C. B was loaned from Daejeon Mutual Savings Bank KRW 770 million in the name of B on March 27, 2009 and KRW 200 million in the name of D in order to raise business funds.
B obtained on August 19, 2009 the approval of the project plan for the instant project from the head of Thai-Gun.
E. B received additional loans of KRW 660 million from Daejeon Mutual Savings Bank on December 29, 2009, and on the same day, D acquired loans of KRW 1.4 billion against Daejeon Mutual Savings Bank (= KRW 1.2 billion on September 20, 2007 + KRW 1.2 billion on March 27, 2009).
F. Daejeon Mutual Savings Bank was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Plaintiff was appointed as the bankruptcy trustee of Daejeon Mutual Savings Bank on the same day.
G. Meanwhile, inasmuch as it was impossible to normally promote the instant project due to the lack of funds without selecting a construction project even until February 2014 without securing the entire ownership of the project site, B decided to transfer all the rights to the instant project to the Defendant and entered into the instant contract with the Defendant on February 27, 2014.
H. The main contents of the instant contract are as follows.
Article 1 (Purpose of Contract) B is Article 2.