1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 21, 2012, the Defendant entered into a contract with B (mutual name before the change: C; hereinafter “B”) to underwrite convertible bonds with the face value of KRW 800,000 issued by B (hereinafter “instant convertible bonds”); a contract to underwrite redemption conversion preferential shares issued by B (total 200,000,000) with the registered convertible bonds issued by B; 9% per annum on interest; and two years after the maturity date for payment; the investment was determined as 2,98,570,000 under the instant contract; and D, a major shareholder of B and the representative director of B, was jointly and severally liable for the instant contract to the Defendant.

(A) Evidence of heading 2 through 4). (b)

Article 10 of the Agreement on the Acceptance of Convertible Bonds of this case provides that “All disputes arising under this Agreement shall be settled by arbitration in accordance with the Arbitration Rules from the Korean Commercial Arbitration Board located in Seoul.”

(A) Evidence No. 2) (c)

Since then, D transferred all the shares issued by it and its management right to the Plaintiff, and the Plaintiff was appointed as the representative director of D and B on September 6, 2013.

(No. 1.D.)

On September 6, 2013, the Defendant changed part of the pre-contract between B and B, and converted 1.2 billion won out of the previous agreed investment balance (1,57,072,889 won) into priority for redemption conversion. The remaining 357,072,889 won was converted into the subscription price of convertible bonds issued under the same conditions as the instant convertible bonds. The surface interest rate of the existing convertible bonds and the convertible bonds issued additionally was 4.5% from 4.5% to 2%, and the maturity guarantee return rate was 8% to 5% from 8% per annum, and with respect to the part that is not overlapped with the instant pre-contract, the instant pre-contract is concluded.