1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) was to implement the instant project for new apartment construction (hereinafter “instant project”) in Yeongdeungpo-gu E Il-gu, Young-gu, 7,816. On February 13, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a total of KRW 65 billion from a lender group comprised of eight financial institutions, including the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Mutual Savings Bank”). On the same day, the Promotion Mutual Savings Bank borrowed KRW 6 billion allocated to Defendant A according to the said PF loan agreement at a rate of KRW 9.8% on the extension date, 2008, and damages rate of KRW 25% on the extension date. Defendant D Co., Ltd. (hereinafter “Defendant D”), a contractor, as well as Defendant D Co., Ltd. (hereinafter “Defendant D”), and each joint and several guarantee amount of KRW 7.8 billion on the same day, respectively.

B. After that, mutual savings banks and the Defendants changed the lending maturity to 10% on August 13, 2009 and the interest rate to 10%, Defendant A failed to pay the principal and interest of the loan on the due date.

C. When Defendant D, the contractor of the instant project, was classified as an enterprise showing signs of insolvency from credit risk assessment by the creditor financial institutions pursuant to Article 2(1) of the former Corporate Restructuring Promotion Act (amended by the Addenda (No. 8572, Dec. 31, 2010; hereinafter “former Corporate Restructuring Promotion Act”), the creditor financial institutions’ consultative council (hereinafter “consultative council of this case”) comprised of 45 creditor financial institutions, including mutual savings banks promoting to be the principal creditor bank, shall commence the joint management procedures of creditor financial institutions by the instant council in accordance with the former Corporate Restructuring Promotion Act, and implement the corporate restructuring improvement plan (hereinafter “instant corporate restructuring improvement plan”).