1. The plaintiff's claim against the defendant is dismissed.

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

1. Facts of recognition;

A. On April 18, 2008, the Plaintiff purchased Geumcheon-gu Seoul Metropolitan Government A and B and received a construction permit on December 29, 2008 from the Geumcheon-gu Seoul Metropolitan Government Office for the construction of C and its support facilities on each of the above lands (hereinafter “instant project”).

B. On June 1, 2010, the Plaintiff, New Bank of Korea (hereinafter “New Bank”), New Capital Co., Ltd. (hereinafter “New Capital”), Promotion Enterprise Co., Ltd. (hereinafter “New Capital”), and Manosung Automobile Co., Ltd. (hereinafter “Manosung Automobile”) concluded a loan and business agreement between the new bank and the new company as a lessee of the building to be newly constructed in accordance with the instant business (hereinafter “instant existing loan agreement”), and received a loan of KRW 30 billion from the new bank and KRW 8 billion from the new company as a lessee of the building to be newly constructed in accordance with the instant business.

C. On June 1, 2010, the Plaintiff entered into a management trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and changed the name of the owner to the Korea Asset Trust on September 2010 after completing the registration of ownership transfer in the name of Korea Asset Trust with respect to the instant project site.

On September 13, 2010, the Plaintiff submitted a report on commencement to the competent authority under the name of the Korea Asset Trust, and obtained permission for commencement on September 27, 2010, but made an additional loan and a business agreement (hereinafter “instant additional loan agreement”) to the lender on June 15, 201 due to the shortage of business funds. The Plaintiff borrowed from the new bank KRW 20 billion, KRW 7 billion from the new bank, and KRW 8 billion from the Defendant.

The contents related to the instant case among the “Additional Loan and Business Agreement” incorporated into the instant Additional Loan Agreement are as follows.

§ 5.2.