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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 juristic person established under the Organization A Act for the purpose of promoting friendship through mutual aid among A and enhancing the rights and interests of its members. The Defendant is a financial investment business entity under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).
B. The Plaintiff’s Articles of Incorporation A and the Plaintiff’s Articles of Incorporation provide that the Plaintiff may operate a profit-making business and ancillary business. The Plaintiff established a D Business Headquarters for the purpose of profit-making business around October 2009, and established C Business Bureau under the D Business Headquarters around February 1, 2010. (2) The Plaintiff appointed E as the head of the C Business Bureau, and entered into a business contract between E and E on July 26, 201.
In the business contract (Evidence No. 22) stating the agreement between the Plaintiff and E, the C business entity limited the business items of the C business entity to “ASN-based safe care service, network, and creative LED business,” and specified that if it is intended to add the business items, a separate arrangement should be made in accordance with the business development procedures required by the Plaintiff.
(Article 2.C).
1) According to the facts related to the issuance of the instant bonds, E, the head of the Korea Development Institute for the issuance of the instant bonds, shall guarantee the payment in the name of the Plaintiff at the time of issuance of the listed company’s bonds with warrant that it is impossible to raise funds by using the Plaintiff’s trust, and the Plaintiff plans to manage and operate the said funds, and the listed company shall pay the Plaintiff the obligations arising from the issuance of the bonds by generating profits while operating the business with the funds received from the Plaintiff. 2) Accordingly, E reports the said business plan to the F of the Development Department of the Korea Development Institute for the D Business and the head of the D Business Headquarters after obtaining approval, and on behalf of the Plaintiff from March 9, 201 to May 13, 2011.