1. The instant lawsuit shall be dismissed.

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

1. The parties' assertion

A. On July 20, 2007, the Plaintiff asserted, Samsung Mutual Savings Bank Co., Ltd. (hereinafter “TT”) concluded a credit transaction agreement with the designated party B (hereinafter “B”), and lent money to B on July 20, 2007. Defendant (Appointed Party A) and the designated party C jointly and severally guaranteed the obligation to borrow money.

On the other hand, Samsung Mutual Savings Bank was declared bankrupt by this Court on June 24, 2011, and the plaintiff was appointed as bankruptcy trustee.

As of April 20, 2015, the amount of the loan claim as of April 20, 2015 is as follows (hereinafter “instant loan”). In this case, the payment of KRW 700 million, which is part of the interest, is sought.

B, while the lawsuit of this case is pending, the auction procedure was in progress with respect to the real estate held as collateral for the above loan debt, and the plaintiff received dividends as collateral for the loan of this case in the Daegu District Court D's D's auction of real estate.

B. Since the Plaintiff’s assertion by the Defendant (Appointed Party) did not seek any monetary payment in the performance lawsuit by changing the claim amount to zero won, it is unlawful as there is no benefit of protection of rights.

In addition, the Plaintiff’s instant loan claims were transferred from the Construction Mutual Aid Association and the suspension of compulsory execution, respectively, and the Plaintiff was paid in full by receiving the remainder from the Masung A&C Co., Ltd.

The balance of the loan remains.

Even if the statute of limitations for the loan claim has expired.

2. First of all, as to the legitimacy of the instant lawsuit, the Plaintiff’s withdrawal of the lawsuit filed on June 27, 2016, consented by the Defendant (Appointed Party). The Plaintiff submitted a written application for modification of the purport of the claim and the cause of the claim that reduces the claimed amount into zero won while the loan of this case was fully repaid with dividends. As to this, the Plaintiff submitted the written application for modification.