1. The instant lawsuit shall be dismissed.

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

1. Basic facts

(a) The occurrence of claims subject to collection 1) Gannam Enterprise Co., Ltd. (hereinafter “Gannam Enterprise”);

(3) On October 31, 2014, E&S Co., Ltd. (hereinafter “E&S”) is a company outside the territory of the Republic of Korea.

B) As between October 31, 2014 and January 15, 2015, the Gyeongnam Company entered into a goods supply contract with the non-party company to receive the total amount of KRW 1,222,620,080 from the non-party company. 2) The non-party company supplied the materials under the above contract to the Gyeongnam Company, and the Gyeongnam Company did not pay the 1,344,178,638 won to the non-party company.

B. Rehabilitation procedure 1) On April 7, 2015, Gyeongnam Company was decided to commence rehabilitation procedures with the Seoul Central District Court 2015 Gohap10070 on April 7, 2015, and the Defendant was appointed as the custodian of Gyeongnam Company on the same day (hereinafter “instant rehabilitation procedures”).

(2) Since then, on February 3, 2016, Gyeongnam Company received a decision to authorize the rehabilitation plan, and the said decision to authorize was finalized around that time.

3) According to the rehabilitation procedure in this case’s report on rehabilitation claims regarding the above claims of the non-party company and the details of denial of the rehabilitation claim, the Defendant’s debt amount to be repaid to the non-party company according to the above rehabilitation plan is a total of KRW 254,307,98 (=247,777,018 KRW 6,530,980). 4) The rehabilitation procedure in this case is currently in progress.

C. On October 22, 2015, the Plaintiff, as Seoul Central District Court Decision 2015Kadan810755 on October 22, 2015, issued a rehabilitation claim that the non-party company was repaid from the Defendant (hereinafter “instant rehabilitation claim”) based on the annual amount of debt repayment according to the rehabilitation procedure’s rehabilitation plan by designating the debtor and the Defendant as the third party obligor.

2) On the other hand, on October 26, 2015, the Plaintiff applied for a payment order against the non-party company as Seoul Eastern District Court 2015 tea28491, and the said court on November 2, 2015.