1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 18, 2008, the Plaintiff purchased a 4,817 square meters of a factory site A and B 60 square meters of a factory site A, Geumcheon-gu Seoul Metropolitan Government, and received a construction permit on December 29, 2008 from the Geumcheon-gu Seoul Metropolitan Government Office on each of the above lands, subject to deliberation by the project to build C and its support facilities on each of the above lands (hereinafter “instant project”).

B. On June 1, 2010, the Plaintiff, the New Bank of Korea (hereinafter “New Bank”), the New Capital Co., Ltd. (hereinafter “New Capital”), the Promotion Enterprise Co., Ltd., and the Rotterdam Automobile Co., Ltd. (hereinafter “New Capital”) concluded a loan and business agreement with the new bank on June 1, 2010 by making the New Capital as the lender, the Promotion Enterprise Co., Ltd. as the lessee of the building to be newly constructed in accordance with the instant project, and received a loan of KRW 30 billion from the new bank and KRW 8 billion from the New Capital.

C. On June 1, 2010, the Plaintiff entered into a management trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and changed the name of the owner to the Korea Asset Trust on September 2010 after completing the registration of ownership transfer in the name of Korea Asset Trust with respect to the instant project site.

On September 13, 2010, the Plaintiff submitted a report on commencement to the competent authority under the name of the Korea Asset Trust, and obtained permission for commencement on September 27, 2010, but made an additional loan and a business agreement (hereinafter “instant additional loan agreement”) to the lender on June 15, 201 due to the shortage of business funds. The Plaintiff borrowed from the new bank KRW 20 billion, KRW 7 billion from the new bank, and KRW 8 billion from the Defendant.

Of the “Additional Loan and Business Agreement” incorporated under the instant additional loan agreement, the content relevant to the instant case.