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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of tourist accommodation business, real estate development, sale and lease business, and the Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”) owns 100% of the Plaintiff’s shares, and the Defendant is a company with all business related to the banking business.
B. On October 10, 2008, the Plaintiff provided the Plaintiff’s share (hereinafter “instant real estate”) among the building A, A, 3361.8 square meters and its ground buildings, as a security for a loan to the Defendant of the wind industry, and created a collateral (hereinafter “mortgage”) with the maximum debt amount of KRW 39 billion on the same day to the Defendant.
C. On January 29, 2009, the public forestry industry became final and conclusive as an enterprise subject to the workout program by the first creditor financial institutions council on creditor financial institutions (creditor financial institutions), and on April 22, 2009, a special agreement was concluded between the Defendant and creditor financial institutions, including the Defendant, major shareholders of the wind industry and the wind industry, and related parties for the implementation of the plan for the normalization of the wind industry (hereinafter “special agreement”). Accordingly, as a measure for the debt settlement for existing loans, the loans, the repayment date of which comes due during the grace period, are extended by means of extension, reloan, renewal, replacement, etc., and the grace period is deferred until the grace period, and the other bills are to be converted to the medium and long-term loans, such as general loans, etc. after July 2009.
Under a special agreement, the Defendant and Pung forest industry are loans of the Pung forest industry that come to the maturity on June 18, 2009, namely, ① the first loan of 20 billion won (the maturity of June 20, 2006, June 19, 2009, hereinafter “the loans of 20 billion won”) with the maturity of 11 billion won (the first loan of February 1, 2005, June 26, 2009, the maturity of June 26, 2009), ② the obligations of 13.6 billion won with the interest of other bills (the first loan of June 21, 2006, the maturity of June 26, 2009), ③ the obligations of 5 billion foreign currency loan of 13.6 billion won (the first loan of June 21, 2006, and the maturity of June 19, 2009).