1. The plaintiff's claim is dismissed.

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

Basic fact-based medical corporations, B medical foundation (hereinafter referred to as "B medical foundation") filed an application for commencement of rehabilitation proceedings with the Suwon District Court 2010 hap97, and received a decision to commence rehabilitation proceedings on February 16, 201, D directors of B medical foundation were appointed as managers, and received a decision to authorize the rehabilitation plan on February 1, 2012.

At around 2013, the B Medical Foundation selected three-party accounting firms as a real-time advisory and proceeded with the process of acquisition and merger (M&A). Accordingly, the Plaintiff submitted a letter of intent to take over and a certificate of balance on May 28, 2013 and completed a preliminary inspection on B Medical Foundation, and submitted a letter of intent to take over the acquisition price at KRW 1 billion to be selected as the priority negotiation object.

On July 19, 2013, the Plaintiff contributed KRW 1 billion to the administrator D of the B Medical Foundation to repay the public interest obligation of the B Medical Foundation and take over the rehabilitation obligation, and entered into an understanding note for the takeover of the B Medical Foundation (Evidence 2-1 of the Evidence A). On the same day, the Plaintiff deposited the performance guarantee of KRW 100 million (10% of the acquisition price) in the Scow account. However, the said understanding was cancelled on October 15, 2013 without entering into this contract (investment contract) due to the medical equipment problem owned by the B Medical Foundation and the risk burden due to the failure to determine administrative disposition against the B Medical Foundation. The Plaintiff recovered the said performance guarantee.

In the event that the foregoing administrative disposition became final and conclusive, on January 3, 2014, the Plaintiff contributed and lent KRW 3.3 billion to the administrator D of the B Medical Foundation to repay the rehabilitation obligations, etc., and entered into a memorandum of understanding for the takeover of B Medical Foundation (hereinafter “instant memorandum of understanding”), and deposited the performance guarantee amount of KRW 3.3 million (10% of the acquisition price) in the Escke account.

The main contents of the MOU of this case are as follows.

(A) “A” means the Plaintiff, and “B” means the Plaintiff). Article 2 (Designation of Person Eligible for Exclusive Priority Negotiations)

1."A" means: