1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a legal entity of Saudi Arabian Country, who is engaged in the shipping agency business, and the bankrupt debtor, Hanjin Shipping Co., Ltd., Ltd. (hereinafter “Korea Shipping”) is a Korean legal entity engaged in the shipping business, etc.

B. On January 1, 2016, the Plaintiff entered into an agency contract with the Hanjin Shipping with the purport that Hanjin Shipping will provide agency services to the ships operated by Hanjin Shipping in the territory of Saudi Arabia and that Hanjin Shipping will pay agency expenses to the Plaintiff (hereinafter “instant agency contract”).

C. On September 1, 2016, Hanjin Shipping was ordered to commence rehabilitation at the Seoul Rehabilitation Court (2016 Gohap 10021), and was declared bankrupt at the same court on February 17, 2017 (2017Hahap15), and the Defendant is appointed as the trustee in bankruptcy of Hanjin Shipping.

The Plaintiff filed the instant lawsuit against the Defendant on May 1, 2017, asserting that the Hanjin Shipping is obligated to pay the Plaintiff the Saudi Arabia 739,286.41 interest rate and damages for delay pursuant to the instant agency contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 6, significant facts in this court, purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. As to the Defendant’s claim for the payment of the Plaintiff’s agency expenses under the instant agency contract concluded between the Plaintiff and Jinjin Shipping on the summary of the Defendant’s defense prior to the merits, the Defendant’s lawsuit of this case is unlawful as it was filed contrary to the arbitration agreement stipulated in the instant agency contract.

B. In light of the provisions of Article 36(2)1 of the Arbitration Act, Article 5(1)a of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, etc., an arbitration agreement is established.