Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
A. On the other hand, the Defendant entered into a business agreement to carry out the instant project by designating the Company as a contractor and the borrower and the new bank as the lender and the entrusted bank, the M& Asset Management Company and the Intervenor joining the Defendant as the contractor and the assignee of the obligation, and the Plaintiff as a fund manager, etc.
(hereinafter referred to as “instant business agreement” and “instant business agreement” are as follows. The main contents of the instant business agreement are as follows.
Article 4 (Roles of Parties to Agreement) (3) The Si Corporation shall perform the following affairs:
5.The principal periods of time between the parties to this Agreement relating to the Project in respect of Section 7 (Observance of Major Period) of the completion of a responsibilities within the construction period are as follows, provided that the Borrower and the City shall observe and implement the following periods unless there are reasonable grounds:
1. The project period of this project: 45 months;
2. Hours for construction: Completion within 42 months from the date of commencement of construction work * The date of commencement of construction work shall be within 14 days from the date of issuance of a written instruction for commencement.
Article 11 (Completion of Responsibility) The contractor shall complete the responsibility for all the works related to the construction project at its own responsibility during the period specified in the contract for construction works.
The Si shall compensate the borrower or the lender for any losses incurred by the failure to meet the obligation to complete the responsibility under this Article.
Article 28 (Conclusion of Individual Contracts) (1) The parties to this Arrangement, separate from this Arrangement, shall conclude and maintain individual contracts, such as construction contracts, sales agency contracts, construction design contracts, supervision contracts, etc. to the extent necessary for the progress of the Project.
3.This Arrangement shall apply preferentially to all individual contracts between the parties concerned with the Project.
However, this Agreement shall take precedence over the terms and conditions of repayment and payment of the principal and interest of loans where the terms and conditions of this Agreement conflict.