beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 207, Defendant A Co., Ltd. (hereinafter “Defendant A”) determined Korea Construction Co., Ltd. (hereinafter “Korea Construction”), and concluded six lending financial institutions (hereinafter “FF”) including Young-gu Mutual Savings Bank (hereinafter “Sable Savings Bank”), and six lending financial institutions (hereinafter “Sable Savings Bank”), which receive a total amount of KRW 14 billion from 14 billion from the instant lender (hereinafter “instant lender”), to raise funds to promote the new apartment construction project (hereinafter “instant project site”) on the ground of Seo-gu, Seo-gu, Gwangju-si (hereinafter “instant project site”).
B. Pursuant to the loan agreement of this case, the lender of this case conducted a loan with the Defendant A according to its apportionment, and on December 25, 2007, the Kable Savings Bank also set a loan of KRW 2.5 billion per annum, 11% per annum, 25% per annum, 25% per annum, due date for repayment, and December 31, 201 (hereinafter “the instant loan”). On December 24, 2007, Defendant B, C, D, and Korea Construction jointly and severally guaranteed all the Defendant’s obligations, including the instant loan obligations, against the Plaintiff as the collateral guarantee amount of KRW 3.25 million.5 million.
In addition, in order to secure the obligation of the instant loan, Defendant A entrusted the instant project site to one asset trust (hereinafter “one asset trust”) and designated the instant lender as the first priority beneficiary, and the second priority beneficiary in the construction of Korea, a contractor, as the second priority beneficiary.
C. However, around April 2009, a creditor financial institution according to the former Corporate Restructuring Promotion Act (Article 2(1) of the Addenda (No. 8572) (hereinafter “former Corporate Restructuring Promotion Act”) (limited to the invalidation on December 31, 2010; hereinafter “former Corporate Restructuring Promotion Act”).