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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 2002, B Co., Ltd. (hereinafter “B”) is a contractor of the new construction and sale business of one unit (D) of a main complex building (hereinafter “instant business”) on the land outside Jongno-gu Seoul and 61 lots of land, Jongno-gu Seoul, and the building newly constructed as the instant business, and the Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”) entered into a new construction contract with B, and the Defendant is a buyer who entered into a sales contract with B for the corresponding part of the instant building.
B. On August 12, 2002, Jin Heavy Industries, Ninsan Real Estate Trust Co., Ltd. (hereinafter “Lifetime Trust”) and the Plaintiff entered into a development project agreement on the construction and sale of the instant building by the Jin Heavy Industries on the project site secured by B with the funds borrowed by the Plaintiff (hereinafter “instant development project agreement”), and the said development project agreement is as follows.
In the instant Development Project Agreement, Article 1 (Agreement Party) of the Agreement between the Plaintiff (hereinafter referred to as “A”), who is a financial institution for the E-E redevelopment Project (hereinafter referred to as “the Project”), shall enter into a contract between B (hereinafter referred to as “A”), the developer, the Han Jin Heavy Industries (hereinafter referred to as “B”), the trust agent, the trust agent, the trust agent, and the Plaintiff (hereinafter referred to as “I”), who is a financial institution.
Section 2. (Purpose of this Arrangement) The purpose of this Arrangement is to provide for the division of duties and responsibilities necessary for justice so that the funds for the Project are managed safely and the loan is repaid normally.
Article 4 (Business Apportionments and Cooperation Obligations) ① A, B, C, P, P, P, P, P, P, P, for the successful completion of the project and for the normal repayment of the loan, shall share their respective duties in good faith and shall cooperate accordingly.