Text
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 10, 2014, the Plaintiff first lent funds necessary for an urban development project (hereinafter “instant urban development project”) of KRW 859,508 square meters (hereinafter “instant urban development project”) with the said promotion committee between the C Urban Development Project Establishment Promotion Committee (hereinafter “instant promotion committee”), the Plaintiff prepared an “C Urban Development Project Agreement” in which the association implementing the said urban development project first provides the Plaintiff with the land substitution plan after authorization was granted. On June 14, 2017, the Plaintiff drafted “B Urban Development Project Agreement” in which the Defendant succeeds to the rights and obligations under the agreement between the Defendant and the said promotion committee established.
The main contents of each agreement of this case are as follows.
[Contents of the Convention on July 10, 2014] Article 4 (Determination, etc. of Total Project Costs for Development) (2) "B" shall be promptly lent to A (or (or (or (or (or (or (or) the Defendant) the funds necessary for the progress of the project within the scope of the total project cost for development if the request is made by the Promotion Committee of this case) (or (or (or (or) the Defendant). Article 5 (Operation of the total Development Project Costs) (1) "B" shall be deposited in the bank account designated by "A" within seven days after the conclusion of this Convention, and if additional funds other than those initial deposits are necessary, the "B" shall be additionally lent to "A" within the total project cost. Article 9 (Cancellation and Termination of this Convention) (1) "A" and "B" may cancel this Convention (or terminate) in any of the following cases without any justifiable reason, and shall not immediately cancel or terminate the loan to the other party within the first three (3) days after the termination of this Convention: