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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 7, 2009, C agreed to acquire all equity shares and management rights for the Defendant from D, the former representative director of the Defendant and the actual one-person investors, at KRW 8.5 billion. At the time, C and D agreed to inspect the Defendant’s overall management as of the end of September 2009, and to reflect the matters confirmed thereafter after the date of this Agreement.
B. A bank (hereinafter “A bank”) received notice from the Financial Supervisory Service in 2009 that it should establish and report a management improvement plan, and reported to the Financial Supervisory Service that the amount of KRW 22.1 billion with cash certificate, KRW 22.9 billion with free donation of real estate, and KRW 45 billion with total amount of KRW 45 billion as management improvement funds.
C. The representative director E of C and A bank, representing the Defendant, agreed to donate each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant to A bank. On November 30, 2009, E prepared and executed a letter of commitment to the following (hereinafter “the letter of commitment to the instant agreement”).
The A Bank shall agree to implement the following matters in receiving free donation from the Defendant and the actual owner C, a donor, with respect to the execution of the agreement of this case:
1) The owner on the registry of each real estate of this case is either the defendant or the actual owner is C who acquires equity shares and goodwill from the defendant. 2) A bank agrees to exercise the right to operate the facilities, such as fences, constructed on the land above for 30 years, with respect to the gratuitous donation of each real estate of this case. b) A bank provides C with financial convenience (loan) for the project cost in relation to the operation of the above facilities, but provides convenience for credit and mortgage loans up to the amount equivalent to the purchase price of the above land.
The interest rate on loans provided to C shall be the lowest interest rate on loans handled by A Bank.