A. On October 7, 2008, the Plaintiff entered into a membership agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and the said company’s “E clubs” located in the Gandong-gun D etc. (hereinafter “instant golf clubs”) and paid KRW 77 million to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”).

B. At the time of the above membership agreement, Nonparty Co., Ltd. promised to establish a comprehensive cooking facility, such as golf mileage, canal wells, network wave, and horse riding course, but failed to comply with it. The members including the Plaintiff filed a lawsuit against Nonparty Co., Ltd. seeking a claim for the return of the membership fee (Seoul District Court 2012Gahap2150) on February 27, 2012 and filed a claim for the return of the membership fee (Seoul District Court 2012Gahap2150) with the Plaintiff on December 26, 2012, the Plaintiff and Nonparty Co., Ltd. paid the Plaintiff KRW 7,00,000 from August 31, 2013 to December 31, 2013 in addition to the amount of KRW 1,283,00 as of the end of each month, KRW 285,00,000,000 from the date of each installment to the date of December 31, 2014.

C. On May 29, 2013, a non-party company filed an application for commencement of rehabilitation procedures with the Daegu District Court 2013hap27, and received a decision of commencement on July 1, 2013, but rendered a decision of commencement of rehabilitation procedures prior to authorization under Article 285 of the Debtor Rehabilitation and Bankruptcy Act on September 17, 2013.

The non-party company was in a situation where creditors, including the plaintiff, should be subject to compulsory execution, because it was entirely unable to perform the obligation to pay the installment payments under the above adjustment clause to the plaintiff. To avoid this, the non-party company newly incorporated the defendant company that had been a general president of the golf course of this case as a company director, and entered into an entrustment contract with the defendant company for the business operation rights of the golf course of this case with the defendant company, and thereby the creditors, including the plaintiff, etc., as to the