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1. The plaintiff's main claim is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed;
3...
Reasons
1. Basic facts
A. On August 25, 2001, the Defendant Cooperatives established the Defendant Cooperatives (hereinafter “Defendant”) established with the purpose of implementing a group of housing site creation projects (hereinafter “instant projects”) through the change of land category, exchange, division and consolidation of land, alteration of the form and quality of public facilities, and the management and disposal of land allotted by the Busan Metropolitan City Mayor on the same day as the project implementer was designated by the Busan Metropolitan City Mayor on the same day.
B. (1) On November 20, 2001, the Defendant entered into a contract to borrow KRW 930 million in total as the Defendant’s operating expenses, office expenses, exclusive charges, substitute farmland creation expenses, and compensation expenses from the end of December 2001 to the end of December 2002 by setting the construction cost of the instant housing site creation project as KRW 1.122 million (including value-added tax) and the construction period from the end of December 2001 to the end of December. 1, 2002.
(2) On December 19, 2003, the construction project waived the construction project under the circumstances where the amount of 70.54% of the facility construction contracted by the Defendant was in progress, and accordingly, the said contract was terminated by agreement between the Defendant and the Hatototo Construction.
C. On August 8, 2004, the Defendant, including the conclusion of a construction contract between the Plaintiff and the Defendant, entered into a contract between the Plaintiff and the Plaintiff for the construction of the instant project (hereinafter “instant construction project”) by setting the contract amount of KRW 1,350,167,00, and from August 10, 2004 to November 10, 2004, the construction period from August 10, 2004 to the Plaintiff. However, among the instant project, the Defendant borrowed KRW 360,000,000 in total under the name of the Defendant’s operating expenses, administrative expenses, exclusive charges, farmland creation expenses, and compensation expenses (hereinafter “instant contract”).