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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 21, 2005, the Defendant and the Busan Savings Bank (hereinafter “Stim Savings Bank”) and the Newcom Co., Ltd. (hereinafter “Newcom”) concluded the Investment Agreement on the Modern Project (hereinafter “instant agreement”) to successfully promote the Investment Project in the High Sea Zone, the Modern District, including approximately 375.5 billion Newcom City Project in the area of the Newcomanan-gun, including approximately 10 newcoman City Project in total, in the area of the Newcoman-gunan-gun (hereinafter “instant investment project”).
B. On August 11, 2010, the Busan Savings Bank and the New Technology World, etc. (hereinafter “New Technology World, etc.”) agreed to deposit KRW 3 billion with the Defendant at the time of entering into the instant agreement in order to guarantee the performance of the obligation, such as the commencement, supplementation, completion, etc. of services to promote the investment project of the High Sea Zone (Article 9 of the instant agreement). Accordingly, the New Technology World delivered KRW 3 billion to the Defendant (hereinafter “the instant performance bond”).
C. On October 22, 2012, the Defendant notified the Defendant that the instant performance guarantee will be reverted to the Defendant when he/she did not perform the said obligations under the instant agreement on the ground that the New Security World, etc. did not perform the said obligations under the instant agreement, and notified the Defendant that the instant performance guarantee would be reverted to the Defendant when he/she did not perform the said obligations on March 26, 2012 and on March 27, 2012.
Busan Savings Bank held a total of KRW 33,603,176,261 as of August 11, 2014 with interest and interest of KRW 33,603,176,261 as of the date on which it was declared bankrupt on August 26, 2012, and the Plaintiff was appointed as bankruptcy trustee.
[Ground of recognition] Unsatisfy, Gap evidence 10-1.