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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of the business of the free economic zone E (hereinafter “instant business”) in the Mayang-dong, Ha-dong, Chungcheongnam-do. The Defendant is a company established for the purpose of taking over the loan agreement with the Plaintiff, conducting the loan pursuant to the loan agreement, and managing, operating, and disposing of the loan claims arising therefrom.
Article 9-1 (Subordinate Loans) (1) The borrower shall lend to the lender the money equivalent to the amount of withholding tax under the Corporate Tax Act at the time of payment of interest on the lender.
(2) The maturity of subordinated loans under this Article shall be the next business day from the day following the date on which the lender has received the payment of withholding tax after the repayment of all-backed corporate bills in order to raise funds for loans executed by the lender under this Agreement.
B. On May 7, 2012, the Plaintiff entered into a loan agreement related to the instant business (hereinafter “instant loan agreement”) with the National Bank of Korea (hereinafter “National Bank”) (hereinafter “the instant loan agreement”). Of them, the main contents on subordinated loans are as follows.
(hereinafter referred to as the “Borrower” means the Plaintiff, and the “Borrower” means the National Bank, respectively.
On May 7, 2012, the plaintiff, the defendant, and the Korean National Bank entered into a loan agreement with the Korean National Bank to acquire the status of the lender, including the rights and obligations under the loan agreement of this case. D.
Pursuant to the instant loan agreement, the Plaintiff subsequently lent the Defendant KRW 1,058,144,827 in total, on seven occasions from June 27, 2012 to February 7, 2014, to the Defendant, on seven occasions, KRW 1,058,144,827.
(hereinafter) Accordingly, the Plaintiff’s claim against the Defendant (hereinafter “instant claim”). E.
The claim of this case was issued by the Defendant to raise the loan amounting to 77 billion won on behalf of the Plaintiff in accordance with the loan agreement of this case from the Daewoo Shipbuilding Marine Co., Ltd. on July 30, 2015.