1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 29, 2011, the Plaintiff received a decision of recommending reconciliation that “C shall pay KRW 450,451,200 to the Plaintiff by December 30, 201” (hereinafter “the decision of recommending reconciliation of this case”) from the above court as Busan District Court 2010Kahap12954 (hereinafter “C”). The said decision of recommending reconciliation became final and conclusive because both parties did not raise any objection to the said decision of recommending reconciliation.

B. As of October 18, 2012, the Plaintiff and C agreed to reduce the instant settlement amount to KRW 250 million (hereinafter “the first agreement”), and the Defendant, the representative director of C, jointly and severally guaranteed the Defendant’s obligation to pay the said settlement amount to the Plaintiff.

C. On the ground that the Plaintiff received a seizure and collection order as to C’s deposit collection claim against the deposit money deposited in the Gwangju District Court on No. 3770, 2010, with the Plaintiff’s claim based on the decision of recommending reconciliation of this case as the preserved claim, C filed a claim against the Plaintiff on December 18, 2014 in the case of objection to the decision of recommending reconciliation of this case filed by Busan District Court 2014Gahap1037, which was filed by the Plaintiff, “C waives its claim,” and the Gwangju District Court 10, 2010, did not perform any interference in the process of compulsory execution as to deposit money deposited in the Gwangju District Court 370, 2010 (hereinafter “instant adjustment”). On the same day, C and the Plaintiff made a separate agreement with the following contents (hereinafter “instant second agreement”).

Busan District Court Decision 2014Gahap1037

1. The decision to recommend reconciliation in the instant case is to receive dividends from the Plaintiff regarding the amount of KRW 807,746,433 relating to the provisional seizure against a vessel of Gwangju District Court 2010Kahap491, 201, No. 3770 relating to the provisional seizure against a vessel of 2010.