1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A (the trade name was changed from D to September 23, 2010; hereinafter “A”) was declared bankrupt on September 26, 2012 by the Incheon District Court 2012Hahap9, and the Plaintiff was appointed as bankruptcy trustee on the same day.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a project implementer for the construction of passenger vehicle terminal F (hereinafter “instant new building”) on the ground of Yongsan-gu, Busan Metropolitan City (hereinafter “instant new building site”), and MCo Co., Ltd. (hereinafter “MMCo”) was changed to Hyundai MCo Co., Ltd. on August 14, 2009; hereinafter “MMco”) is a contractor for the said new construction, and the Defendant C is a lender for a loan of KRW 4 billion from A.

On April 8, 2014, where the instant lawsuit is pending, Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering”) was merged into the Defendant Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering”).

B. (1) On October 16, 2007, Defendant B entered into a contract for the construction of a new building of this case (excluding value-added tax) with HyundaiMco as the construction cost, from October 26, 2007 to April 25, 2010, with the construction period from October 26, 2007 to April 25, 201.

(2) In relation to the payment of construction cost, the following agreements were made:

(A) The advance payment shall be 4% of the contract amount, and the progress payment shall be paid every two months at the fair rate, and the completion amount shall be paid within 30 days after the completion of construction.

(B) The construction cost shall, regardless of the sale rate of the project, be paid the full amount of the discount points agreed to move into the second underground floor and the third underground floor of the newly constructed building after the construction as the construction cost, and shall be paid first priority in preference to the loans of the financial institution for shortage from the proceeds of sale by the general buyers.

(C) The deadline for the payment of intermediate payments and completion money by Defendant B.