1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 17, 2008, the Defendant entered into an agreement on the use of gas buried in domestic waste disposal facilities, which is a company operating a new and renewable energy distribution business.

B. On May 28, 2009, the Plaintiff and the Defendant concluded a contract for acquisition of business rights with the content that the Defendant transferred the business rights to the Plaintiff to KRW 3 billion under the above agreement, and on May 29, 2009, the Plaintiff entrusted the Plaintiff with the lease and management of facilities for the filling-up gas in the light of Mineyang, but the Defendant concluded an entrustment contract with the Plaintiff with the content that the Plaintiff pays KRW 410 million to the Plaintiff a rent every year.

C. On January 1, 2012, the Plaintiff and the Defendant transferred the above business rights to the Defendant again, and the Defendant entered into a contract with the Plaintiff on January 1, 2012 or February 24, 2012, regarding the acquisition price of the business rights and the acquisition price of the business rights with the annual rent of KRW 3.23 billion (hereinafter “instant contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is entitled to pay KRW 3.23 billion to the Plaintiff under the instant contract and KRW 55,731,500 as well as damages for delay from January 1, 2012, and KRW 300 million. If only KRW 300 million was paid on or around April 1, 2012, the Plaintiff seeks payment of KRW 210,000 as part of the remainder amount.

In regard to this, the Defendant, at the time of the instant contract, has agreed to resolve disputes arising in connection with the instant contract by the Plaintiff and the Defendant through arbitration, and thus, the instant lawsuit, which was filed separate from the arbitral proceedings, is unlawful.

B. The parties to a dispute that has already occurred or may occur in the future with respect to a certain legal relationship, regardless of whether it is a contractual dispute, shall settle all or part of the dispute that has already occurred or may occur in the future through arbitration.