1. The plaintiff's claim is dismissed.

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

1. Fact-finding;

A. C Co., Ltd. entered into a contract with the Defendant and E Co., Ltd. (hereinafter “E”) on September 19, 2007 to obtain a total of KRW 80 billion loan (hereinafter “the instant loan”) from the Defendant, together with the Defendant, in order to promote the business of newly building and selling aggregate facilities on the land of Gyeonggi-si D (hereinafter “instant project”).

B. In addition, C Co., Ltd. entered into a trust agreement with Defendant, E, F (hereinafter “F”), G Co., Ltd. and Defendant and E, a member of the lender group, as a lending financial institution under the instant loan agreement; G Co., Ltd. as an asset management company; F; and C Co., Ltd as a trustee company; and C Co., Ltd entered into a trust agreement with respect to real estate related to the instant business, sales price claim, etc. (hereinafter “instant trust”).

According to the instant trust agreement, C Co., Ltd. decided to delegate all of its financial management duties, such as operating funds and revenues, to the Defendant, in addition to the liability for all expenses related to the instant business, financing, and losses incurred from the implementation of the business.

Accordingly, the defendant is a "agency" of a lending financial institution, an asset management company, and a trustee company. The defendant has been able to manage and execute the loan funds stipulated in the loan agreement of this case and seek advice from outside experts, such as attorneys, accountants, etc., and pay the expenses and perform the duty of consultation.

C. However, as C Co. fails to repay the instant loan obligations after maturity, the lender has taken into account how to sell the assets and recover the instant loan while maintaining and managing the management of C Co., Ltd. which is the borrower.

In the process, the lender at the time of the lender is 70% of the shares issued by C Co., Ltd.