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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the representative director of D (hereinafter referred to as “D”) who is the executor of the development project, such as Indonesia Synesia C C (hereinafter referred to as “instant project”), and the representative director of G (hereinafter referred to as “G”) who is the executor of the development project, such as the Indonesia E F (hereinafter referred to as “instant E project”), who is the actual operator of F (hereinafter referred to as “F”).
B. On November 30, 2007, with respect to the instant business, a joint agreement and a loan agreement were made between the company and the borrower, the joint and several surety of the company and the Defendant Myasset Asset Management Co., Ltd. (hereinafter “Defendant Myasset”) with the asset management company and the Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Myasset”) as the joint and several surety of the company, the Plaintiff, Defendant B, and H, I, and J, respectively.
The above joint venture agreement and loan agreement were amended on January 18, 2008 to exclude H and I from joint and several sureties, respectively, with the content of strengthening additional security around August 2009.
The provisions related to the responsibility of the plaintiff's joint and several sureties in the above joint agreement shall be as follows:
Article 2-3 (Financial Conditions) ① The major conditions of project financing under Article 2-2(1) of the Joint Project Agreement shall be as follows:
1. Borrower: Executor;
2. A loan limit: A loan limit: A loan limit amount of KRW 40,000,000 (including 40,000,000,00) 5-4 (the joint and several sureties of the “City Corporation” and “individual joint and several sureties”) ① The “Si Corporation” and “individual joint and several sureties” shall guarantee jointly and severally with the executor “any obligation (including the obligation to pay and pay the loan principal, interest, interest, interest, interest, etc.) to be borne by the Company” in accordance with this Arrangement and Loan Agreements.
“The contractor” and “the other surety’s personal joint and several liability under this section shall be unconditional and void and shall be responsible for the cancellation,” or “asset management company on the basis of the financial resources, etc. of other guarantors”.