2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit prior to the filing of an appeal are assessed against the defendant.

A. On June 9, 2010, the Plaintiff entered into a membership agreement with a stock company B (hereinafter “B”) operating a C/C golf club with a membership fee of KRW 120 million. After five years, if the Plaintiff requests the return of the membership fee, the Plaintiff entered into a membership agreement with B to comply with it.

B. On September 4, 2015, the Plaintiff filed an application for the instant payment order with the Plaintiff seeking the payment of the membership fee under the said return agreement, and the demand procedure was implemented as the instant lawsuit following B’s filing of an objection on September 25, 2015.

On February 18, 2016, the court of first instance accepted most part of the plaintiff's damages for delay, excluding part of the plaintiff's damages for delay, and the appeal was filed by B.

C. On May 23, 2016, the rehabilitation procedure for B (hereinafter “instant rehabilitation procedure”) commenced by Seoul Central District Court 2016 Ma10068 (hereinafter “instant rehabilitation procedure”). In the rehabilitation procedure of this case, the period of investigation was from June 18, 2016 to the 30th of the same month, and the administrator was respectively decided as the Defendant.

On June 13, 2016, the Plaintiff submitted a report on rehabilitation claims for the instant membership fee refund claim to the above rehabilitation court. On June 30, 2016, the Defendant, a custodian, submitted a report on rehabilitation claims, including rehabilitation claims, to the above rehabilitation court. On June 30, 2016, the Defendant, on the above list of the Mayors/Do Governors, submitted a report on rehabilitation claims, including rehabilitation claims, to the City/Do Governor. The Defendant, on the above list of the pertinent Mayors/Do Governors, deemed the Plaintiff as the Plaintiff’s rehabilitation claim the total amount of KRW 134,153,425 (14,153,42

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 (including a tentative number), the purport of the whole pleadings

2. As to the lawfulness of the instant lawsuit

A. A rehabilitation creditor who intends to participate in the rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claim (Article 148(1)), and when an objection is raised against the reported rehabilitation claim, all of the objectors shall be the other party.