1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Modern Construction Co., Ltd. (hereinafter “Modern Construction”) is an executor and a contractor of a new apartment unit B (hereinafter “instant apartment unit”) in a free economic zone zone Young-gu Incheon Metropolitan City.

B. The Plaintiff entered into a contract for the purchase of the instant apartment units 109 dong 2702 (hereinafter “instant sales contract”) from Hyundai Construction.

C. In September 1, 2015, the Defendant (hereinafter “Korea Exchange Bank”) entered into a business agreement (hereinafter “instant business agreement”) with Hyundai Construction around 2010 on the part payment loan to the seller of apartment buildings in relation to the intermediate payment loan to the seller of apartment buildings, and Hyundai Construction jointly and severally guaranteed the above part payment obligation by setting the maximum amount of collateral guarantee at KRW 374.4 billion.

Article 3 (Duty to Cooperate in Hyundai Construction to Claim Recovery) (2) In the event that a seller delays payment of a loan due to the occurrence of the causes as prescribed in Article 8 (Loss of Benefit of Time) of the Convention against a seller, Hyundai Construction shall immediately, upon the Defendant’s request, appropriate the sale contract for the apartment sold by the seller for the payment of the deposit and intermediate payment that the buyer has already paid to the buyer for the settlement of the loan (including damages for delay and incidental obligations) in advance of the buyer.

For this purpose, modern construction should conclude a separate agreement with a seller for sale.

Article 8 (Loss of Benefit of Time) (1) In any of the following cases, a seller shall lose the benefit of time for loans:

1. In the event that the reason for loss of profits under the basic terms and conditions of bank credit transactions occurs to the seller, the defendant (payment of loans) has made an application for a loan within the extent of the lending limit set in Article 2, the time limit for the payment of the intermediate payment determined by Hyundai Construction within the said limit.