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

A. On May 22, 2013, the Plaintiff and the non-party corporation Hannuri and nature (hereinafter “non-party corporation,” and “the Plaintiff’s side”) entered into a performance agreement between the Defendant and the Defendant that the Plaintiff would transfer the ownership (unsaleed 215 old shares) of the real estate trusted in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, by acquiring the right to benefit (unsaleed 215 old shares) at the acquisition price of KRW 5.8 billion on the part of the Plaintiff.

(hereinafter “instant contract”). (b)

The instant contract contains a provision that the Plaintiff shall pay KRW 100 million to the Defendant as a performance guarantee in order to guarantee the performance of the contract, and thereafter, the Plaintiff’s side shall conclude a contract for preferential acquisition of the right to benefit with respect to the instant trusted within 60 days from the date of conclusion of the instant contract.

In addition, if the contract of this case is terminated or terminated due to the cause attributable to the plaintiff, the defendant included an agreement that the defendant confiscates the performance bond as a penalty for breach of contract, separate from the compensation for damages.

C. On May 22, 2015, the Plaintiff paid KRW 100 million to the Defendant as a performance bond under the instant contract.

(hereinafter “this case’s performance guarantee”). 【No dispute exists, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on this safety defense

A. The parties to the contract of this case between the defendant's assertion and the defendant are the plaintiff and the non-party company, and since the contract of this case was concluded between the plaintiff and the non-party company, the lawsuit of this case filed by the plaintiff constitutes an essential

Nevertheless, since only the Plaintiff solely filed the instant lawsuit, the instant lawsuit constitutes an unlawful lawsuit.

B. The agreement under the Civil Act is a contract under which two or more persons mutually invest and jointly operate a business, and it can be deemed that the agreement is limited to the agreement under which a specific business is jointly run.