The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. As to the grounds of appeal on whether to exempt the right to refund the membership fee based on the instant membership

A. In the case of bilateral contract not performed by both parties, the contract under Article 103 (1) of the former Company Reorganization Act (repealed by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act, Act No. 7428 of March 31, 2005, hereinafter the "Company Reorganization Act") which grants an option to perform or cancel the contract to the administrator is a contract for which both parties bear an obligation with equal consideration. The contract is originally a contract for which both parties bear an obligation with an equal consideration relationship, and originally, functions as a security in the legal and economic relationship in the existence of the existence between both parties' obligations, and for the purpose of the above provision, the whole or part of the contractual obligations with an equal consideration relationship shall not be fulfilled.

Article 208 Subparag. 7 of the Company Reorganization Act provides for a claim held by the other party as a public-interest claim in the event that an administrator performs his/her obligation pursuant to Article 103(1) of the Company Reorganization Act provides for a claim held by the other party as a public-interest claim in the event that the custodian intends to claim the other party’s performance, it means that the defect of maintaining equity between the

(see, e.g., Supreme Court Decision 2013Da16305, Sept. 26, 2013). Meanwhile, the reorganization plan has effect on behalf of the company, all reorganization creditors, security holders, and stockholders, etc. (Article 240 of the Company Reorganization Act), and the company is exempted from its liability for all reorganization claims and securities, except for the rights recognized under the provisions of the plan or the provisions of the Company Reorganization Act if the approval of the reorganization plan is decided, and all security rights in the company’s property have expired.

(Article 241 of the Company Reorganization Act). The company faces bankruptcy due to financial deficiencies, but has economic value of rehabilitation.