1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) The status of the parties (1) Plaintiff (formerly changed on October 4, 2013: Geumjin Distribution Co., Ltd.) is a corporation with the objective of producing, distributing, processing, manufacturing, selling, storing, etc. agricultural and livestock products; and A (hereinafter “Defendant Company”) is a corporation with the aim of processing, storing, etc. agricultural and livestock products; and (2) the bankruptcy proceeding is under way upon being declared bankrupt by the Gwangju District Court 2010Hahap13 on December 23, 2010.

(2) On the other hand, D Co., Ltd. (hereinafter “D”) with which Defendant Co., Ltd., a director of Defendant Co., Ltd, is the representative director, is a company that entered into an entrusted sales contract with Defendant

B. (1) On January 22, 2013, the Defendant requested the bankruptcy court to permit the sale of the Defendant Company in the manner of collective sale (including goodwill) and obtained permission from the bankruptcy court on January 23, 2013.

(2) The Defendant sent a bidding guide of KRW 43 billion to investors interested in the business takeover of the Defendant Company. The Plaintiff submitted a bidding document on July 18, 2013 in accordance with the bidding guide, and was selected as priority negotiation partners for the business takeover of the Defendant Company. The Defendant and the Plaintiff concluded a “MOU” (hereinafter “instant MOU”) on August 5, 2013, setting the business takeover price of the Defendant Company as KRW 43 billion.

(3) On August 12, 2013, the Defendant requested the bankruptcy court to permit the termination of the consignment sales contract concluded with D on August 12, 2013 and the transfer of D’s claim to the Defendant Company, and obtained the permission from the bankruptcy court.

(4) On August 14, 2013, Article 5, Article 5, Article 5, Paragraph (1) of the MOU of this case, the Plaintiff may carry out an accounting officer and a legal officer with respect to the Defendant Company for a period of ten business days from the date following the date of entry into force of the MOU of this case.

A person subject to preferential bargaining shall be under extenuating circumstances.