1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Determination as to the legitimacy of the instant lawsuit

A. On March 30, 2012, when the Plaintiff and the Defendant paid KRW 4,00,000,000 to the Defendant for business bonds, the Defendant concluded a business agreement with the Plaintiff with the manufacturing equipment to produce and supply Alghan and Cu scrap.

In addition, the defendant agreed to return the total amount of the business bonds to the plaintiff on the same day until three years elapse from the payment date of the business bonds.

On March 30, 2012 and November 25, 2013, the Plaintiff and the Defendant concluded a security agreement on corporeal movables listed in the attached Table 1 (hereinafter “instant corporeal movables”) and patent rights listed in the attached Table 2 (hereinafter “instant patent right”) owned by the Defendant to guarantee the return of the Defendant’s business guarantee money twice.

(2) The Plaintiff acquired the instant corporeal movables and patent rights by way of the said transfer contract (hereinafter “instant transfer security right”). Thereafter, the Defendant returned only KRW 300,000,000 with the business bonds, and did not return the remaining business bonds even with the Plaintiff’s repeated notice. On June 3, 2014, the Plaintiff notified the Defendant of the execution of the instant transfer security right, thereby having acquired the ownership of the instant corporeal movables and patent rights.

Therefore, the Defendant is obligated to deliver the instant corporeal movables to the Plaintiff and transfer the instant patent right.

B. In full view of the overall purport of the pleadings in each of the statements in the evidence Nos. 7 through 9 as a result of ex officio determination, the Plaintiff filed the instant lawsuit seeking the delivery of the instant corporeal movables and the transfer of the instant patent due to the execution of the instant security right on March 14, 2016, which was subsequent to the filing of the instant lawsuit seeking the transfer of the instant patent right, and the commencement of rehabilitation procedures against the Defendant on March 14, 2016. The Plaintiff reported the instant security right as a rehabilitation security right under the instant rehabilitation procedure on April 4, 2016, and the said rehabilitation procedure on June 15, 2016.