A. As rehabilitation procedures (hereinafter “instant rehabilitation procedures”) commenced on May 18, 2016 with Suwon District Court 2016 Ma10016 (hereinafter “instant rehabilitation procedures”) with respect to the Plaintiff, on December 8, 2016, the rehabilitation procedures were completed on February 15, 2017 after a decision to authorize the rehabilitation plan was issued on December 8, 2016.

Around December 2, 2004, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) served as the representative director of the Plaintiff since the Plaintiff Company was established, and retires on March 29, 2016, prior to the commencement of the Plaintiff’s rehabilitation procedure.

B. In the rehabilitation procedure of this case, the Defendant filed an application for a final claim inspection judgment with the Defendant’s claim amounting to KRW 97,058,211,852, including unpaid remuneration and retirement benefit claim amounting to KRW 522,856,144, and the Plaintiff’s administrator C denies the Plaintiff’s claim amounting to KRW 5,179,887,50 and denied the remainder of the claim amount. On October 11, 2016, the Defendant’s rehabilitation claim amounting to KRW 212,467,316, loans and retirement benefit claim amounting to KRW 5,380,00,00, total amounting to KRW 42,929,117, the amount of subrogated payment claim amounting to KRW 5,635,396,433 (including the parties who had already been determined by the administrator). The Defendant’s decision to confirm the settlement recommendation of this case was not finalized as it is.

C. In the past, the Plaintiff entered into a defined contribution asset management trust agreement to entrust the management of retirement pension assets of the executives and employees belonging to the Plaintiff with the early south branch of the Industrial Bank of Korea, and accumulated a defined contribution plan for the Defendant by designating the Defendant as the subscriber and beneficiary to the defined contribution account in the name of the Plaintiff during the Defendant’s term of office. The rehabilitation plan approved in the instant rehabilitation procedure was omitted from the indication of the account of the defined contribution plan.

After the completion of the instant rehabilitation procedure.