1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a company running E located in the YY-gun, Jeonbuk-gun (hereinafter “instant golf course”). The Plaintiff paid 90 million won to the instant golf course and joined as a regular member.

B. In relation to the instant golf course creation business, the Defendant: (a) extended a total of KRW 50 billion under the condition that the existing loans shall be repaid from December 31, 2007 to May 30, 2008; and (b) additionally KRW 7 billion on December 20, 2012; and (c) concluded a monetary trust contract with the Nonparty Company on April 16, 2013 (hereinafter “instant trust contract”); and (d) held a first-class beneficial right to the credit sales claim arising from the operation of the instant golf course by concluding the said trust contract with the Nonparty Company on December 31, 2007 to May 30, 2008.

C. However, Article 7(1)1 of the Defendant’s Basic Terms and Conditions for Bank Credit Transactions provides that if a provisional attachment, seizure, or disposition on default, etc. is made on a claim against the Defendant against the Defendant of the non-party company, the benefit of all obligations against the Defendant shall be lost. Articles 1 subparag. 26(f) and 10(3) and (4) of the instant Trust Contract provide that the payment of the benefit of Class 2 shall be suspended, and the trustee shall pay the full amount recovered from the trust property until the full amount of the principal and interest of the loan is repaid under the Loan Agreement as the benefit of Class 1 on the date of collection.

Under the instant trust contract, the Defendant paid the principal and interest of the Defendant’s loan to the Nonparty Company from April 2013 to the Nonparty Company’s credit sales proceeds to the Defendant as profits from the first-class beneficial right, and the remainder is the profits from the Nonparty Company, the second-class beneficial right, which is the second-class beneficial right.