1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. 1) On November 2015, the Defendant’s primary bid process is to promote M&A in a bidding process that allows an investor to acquire shares exceeding 50% of the shares through capital increase with consideration and old subscription to new shares and sale of old shares, and it is also necessary to consult with Durrote A-based accounting firm (hereinafter “consulter”).

(1) A bid was selected as a consultant (hereinafter referred to as “the primary tender”); and

(2) On December 18, 2015, the Plaintiff participated in the first bidding by organizing a consortium with the two companies, including Etha Investment Partnership Co., Ltd. (hereinafter “Athathatha”) and two companies, and was selected as a priority bidder on November 16, 2015.

On November 19, 2015, pursuant to the bid guide received from the adviser, the above consortium remitted the performance guarantee of KRW 2 billion to the national bank account under the name of the defendant, and the plaintiff bears the remaining KRW 500 million, and the remaining KRW 500 million, respectively.

(1) The defendant set up a pledge on the deposit claim of KRW 2 billion in the Ghana Capital in order to guarantee the return of the above performance guarantee on the same day.

3) On January 21, 2016, the Defendant withdrawn the selection of a person subject to preferential bargaining, and confiscated the said performance bond on the grounds that the Defendant violated the conditions stipulated in the bidding guide document. (B) The Defendant, upon the occurrence of the first bidding, went through a bidding again on February 2016 (hereinafter “the second bidding”), issued a bidding guide to the Plaintiff.

2) The Plaintiff shall file an application for participation in the bid and a bid proposal (Evidence A9; hereinafter “instant bid proposal”) in accordance with the form received from the adviser.

(2) On February 26, 2016, the Plaintiff prepared a proposal, etc., and submitted it to the Defendant and the adviser. However, the Plaintiff is a “party” in Article 3-2(2) of the Tender Proposal.