1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

1. The following facts are apparent in records:

As Daegu District Court 2009Gahap6800, the Plaintiff filed a lawsuit against the Defendant to seek compensation for damages sustained by the Plaintiff upon receipt of a request for payment order from Nonparty 1, Daegubuk-do Agricultural Cooperative (hereinafter referred to as “Seoul-do Agricultural Cooperative”) who was the mortgagee of the said orchard, on the ground that the Plaintiff acquired the collateral obligation of each of the collateral security established in the instant orchard through the instant sales contract (hereinafter referred to as “instant sales contract”), and the Defendant did not perform the obligation of acquisition even though it acquired the collateral obligation of each of the collateral security established in the instant orchard through the instant sales contract.

As to this, the above court: (a) recognized the sale price of the instant sales contract as KRW 1.1 billion with respect to the claim for the remainder of the purchase price; and (b) decided on September 29, 2010 that the Defendant is liable to pay the Plaintiff the remainder of KRW 50 million after deducting KRW 1.1 billion with respect to the secured debt of each collateral set forth in the instant orchard that the Defendant agreed to take over from KRW 1.1 billion with respect to the Plaintiff, and KRW 50 million with respect to the Plaintiff who was paid for the purchase price through D (i.e., KRW 1., KRW 1.1 billion - KRW 50 billion - KRW 50 million) and delay damages therefrom; and (b) with respect to the claim for damages arising from the nonperformance of the acquisition obligation, it accepted the Plaintiff’s cause of the claim, and determined that the Defendant is liable to pay the Plaintiff KRW 150 million with respect to the amount finalized from the above payment order, and thus, declared that most of the Plaintiff’s claim was accepted

(The claim for delay damages was partially dismissed). (B)

On August 17, 2011, the Defendant appealed against the above judgment as Daegu High Court 2010Na8502 (hereinafter referred to as the "Ruling on Review"), but the above court filed an appeal by the Defendant.