2. The instant lawsuit is a waiver of the Plaintiff’s claim on November 8, 2018.

A. On September 30, 2016, the Plaintiff entered into a transfer contract with the Defendant on each trademark right listed in the separate sheet (hereinafter “each trademark right of this case”) (hereinafter “instant transfer contract”) and transferred the entire trademark right of this case to the Defendant on September 26, 2016. However, since D was insolvent at the time and the Defendant was well aware that the aforementioned disposition of this case was a fraudulent act, the Plaintiff revoked the instant transfer contract on D’s loan claim as preserved claim and sought the implementation of the procedure for the registration of cancellation as stated in the purport of the original claim as restitution, and filed a lawsuit against the Defendant on August 30, 2017 against the Defendant for the revocation of fraudulent act and restitution.

B. On September 20, 2018, the instant court was scheduled to declare a judgment on October 25 of the same year after closing the pleadings on the fourth date for pleading. However, on October 16, 2018, the Plaintiff submitted a written waiver of the claim to waive the instant claim, and resumed the pleading, and the Plaintiff stated the waiver of the claim on the fifth date for pleading on November 8, 2018.

C. On the other hand, on November 5, 2018, an independent party intervenor lent KRW 3 billion to D by lending the name of the plaintiff to the independent party intervenor. Accordingly, the plaintiff is obligated to exercise the right of preference against the independent party intervenor. Also, the waiver of the plaintiff's claim constitutes an act that undermines the rights of the independent party intervenor. The plaintiff's refusal of claim constitutes an act that infringes upon the rights of the independent party intervenor. The independent party intervenor is entitled to seek the return, etc. of the loan amounting to KRW 3 billion against the plaintiff, and the judgment between the plaintiff and the defendant is in a position to exercise the plaintiff's right of subrogation by taking such a claim as the right of preservation.

"For reasons, Article 78 of the Civil Procedure Act is applicable."