1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a company engaged in the construction, remodeling, repair, dismantling, and sales of the vessel, and the Defendant is a financial institution engaged in the banking business under the Banking Act and its incidental or related business.

In order to secure the present and future claims against the Plaintiff (hereinafter “instant claims”), the Defendant concluded a mortgage contract on April 15, 2009, and on August 29, 2013, respectively, with respect to each of the real estate, machinery, and equipment listed in the separate sheet as the Head of Changwon District Court No. 8482, Apr. 15, 2009, and completed the registration of establishment of a mortgage (hereinafter “instant mortgage”) prior to the maximum debt amount of KRW 24.7 billion with respect to each of the real estate, machinery, and equipment listed in the separate sheet.

B. On May 18, 2010, the creditors of the Plaintiff, including the Defendant, entered into an autonomous agreement on creditor financial institutions (hereinafter “instant agreement”) with a view to promoting the business normalization of the Plaintiff, and opened a joint management proceeding by the creditor financial institutions council, which is the principal bank of our bank (hereinafter “the instant council”), and the relevant procedure is in progress until now.

C. Article 8 of the Convention provides that “The provisions of the Corporate Restructuring Promotion Act or the Governing Agreement on the Operation of the Creditor Bank Council and the guidelines for the restructuring of shipbuilding business shall apply mutatis mutandis to all the management methods and procedures not stipulated in this Convention.”

On April 18, 2014, the Defendant opposed to the Resolution of the Council of Creditor Financial Institutions (hereinafter “Resolution”), and filed a claim for the purchase of the instant claim against supporting creditors pursuant to Article 8 of the Convention, Article 20 of the former Corporate Restructuring Promotion Act (amended by Act No. 12155, Jan. 1, 2014; hereinafter “former Promotion Act”) and Article 7, 9, and 11 of the Council.

E. Meanwhile, the former Promotion Act.