1. The plaintiff's claim is dismissed.

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

Basic Facts

The pertinent Plaintiff is the representative director of “B” (hereinafter “B”) that is a U.S. company.

The term "Hwa Seung Networks America Cpool Foundation" (hereinafter referred to as the "Defendant branch") is the defendant's U.S. branch office.

A contract for the supply of clothes and the establishment B of the right to collateral security was supplied with clothing from the defendant branch since January 2009 and sold it.

On January 9, 2009, the Plaintiff drafted a certificate of guarantee that “the Plaintiff guarantees all obligations owed by B to the Defendant branch” to the Defendant branch.

On April 30, 2009, the Plaintiff created the instant right to collateral security with regard to the instant real estate owned by the Plaintiff to the Defendant, “the obligor: the Defendant, the mortgagee: the maximum debt amount: KRW 700,000,000.”

B and the defendant branch offices were supplied with clothing from the defendant branch offices until November 10, 2010, but did not pay the amount of clothes equivalent to the amount of clothing around May 2012.

The defendant branch office is the right holder of the sales contract, guarantee contract, and modified contract (hereinafter referred to as "each contract") of July 2009, and B is the obligor.

B has seriously violated each contract, and currently has failed to perform the obligations under each contract, and accordingly, the defendant branch is taking into account the filing of a lawsuit against B.

B intends to seek a solution to avoid filing a lawsuit by the defendant branch office.

Accordingly, B and the defendant branch offices agree as follows:

1. B shall, upon the conclusion of the instant agreement, transfer to the Defendant branch all the rights regarding the clothes listed in the separate sheet located in “C and New Jy”.

B state that the attached list contains an accurate and complete list of inventory at present, and that the inventory is not subject to any other security rights than the rights of the defendant branch.

2. B is complete with respect to the warehouse in which the clothes listed in the separate sheet are located to the defendant branch office.