1. All principal suit against the Defendants (including the Plaintiff-Counterclaim Defendant) shall be dismissed.

2...

1. Facts of recognition;

A. On November 17, 2014, Seoul Central District Court 2014 Gohap100148, the bankrupt company (hereinafter “Defendant company”) was decided to commence rehabilitation proceedings with the purpose of manufacturing ready-mixeds.

B. The Seoul Central District Court, in order to induce outside capital through capital increase with the issuance of capital increase and corporate bonds, intended to promote the merger and acquisition (M&A prior to the authorization of the rehabilitation plan) prior to the authorization of the rehabilitation plan, and selected the Defendant Samil Accounting Corporation (hereinafter “Defendant Accounting Corporation”) as the sales main agent to carry out the bidding for this purpose (hereinafter “instant bidding”).

C. The Defendants issued a tender guide (No. 1; hereinafter “instant tender guide”) to the preliminary investors who have shown the intent to invest. The details relating to the bid bond and the conclusion of the investment contract are as follows.

8. In order for a bidder to be able to participate in the process of selecting priority bidders, 5% of the bid price as a tender bond shall be deposited in an account in the name of the weekly company no later than 26 February 2015 (d) and 15:00 after the submission of tender documentation.

(A) If an investment contract loses its validity without any cause attributable to a priority negotiating party, the tender bond (other than interest) already paid within five business days from the time of loss of its effect shall be refunded, and in order to secure this, a pledge shall be established with the priority negotiating party as a pledgee.

Where a bidder withdraws his/her participation in a tender on his/her own before selecting a person subject to preferential bargaining after the receipt of tender documents, the bidder is selected as a person subject to preferential bargaining and then renounces his/her status as a person subject to preferential bargaining before concluding the investment contract, or loses his/her status as a person subject