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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The loan agreement, etc. of this case
A. The Plaintiff of the instant loan agreement and the instant purchase guarantee agreement formulated a new construction and operation plan for the instant golf club course on the land of 109, Gauri-si, Slcheon-si, and agreed to obtain a loan from the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) and the Defendant Korea Exchange Bank (hereinafter “Defendant SC Bank”).
Accordingly, on July 17, 2008, a business and loan agreement was concluded between the Plaintiff and each of the above banks, etc. (hereinafter “instant loan agreement”).
The basic structure of the above loan was to lend KRW 21 billion by means of general loan, and to manage the entire loan, etc., and the foreign exchange bank loaned KRW 49 billion to the foreign exchange bank, but it was to recover the loan by means of issuing an underlying asset-backed company bill with the transfer of the loan claim and then pay it to the foreign exchange bank as the transfer price of the loan claim, and Defendant K-Investment Securities Co., Ltd. (hereinafter “Defendant K-Investment Securities”) purchased the above securitization company bill without selling it.
Therefore, in the loan agreement of this case, the plaintiff and the borrower and the foreign exchange bank are the lender and the defendant SC bank are the lender and the financial manager, and the representative bank and the subsidiary bank and the third party corporation are the parties to the loan and the parties to the debt-sharing, the defendant Tanil are the special purpose company and the transferee of the loan claim and the defendant KB-invested securities are the companies in charge of the business affairs related to the securitization company.
(See the relevant content of the loan agreement of this case). The Plaintiff is from the lender in accordance with the loan agreement of this case.