1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is a company that aims at gold-type manufacturing business, and the defendant is a company that aims at electronic parts manufacturing business.

B. Around February 2016, E Co., Ltd. (hereinafter “E”) entered into a contract with the Defendant to manufacture and supply “the instant antenna” (hereinafter “instant product”) with the Defendant, and thereafter manufactured the said product and supplied it to the Defendant.

E performed the rash processing work on the parts of the above product, and produced and supplied the instant product to the Defendant by awarding a contract for the gold work.

C. From February 2016 to September 2016, the Plaintiff did not pay the Plaintiff KRW 95,601,099 (hereinafter “instant price”) for the supply portion in September 2016.

(C) fact that there is no dispute. D.

E filed an application for commencing rehabilitation procedures with the Seoul Central District Court on September 29, 2016, and the above court rendered a decision to take a preservative measure against E on October 4, 2016 from the above rehabilitation case (Seoul Central District Court 2016 Mahap100242) to the above Seoul Central District Court. The purport of this decision is that “Until a decision is made on the application for commencement of rehabilitation procedures with respect to the above rehabilitation case, E shall not make any repayment or offer of security against all monetary obligations arising before October 4, 2016, ② transfer of ownership of any property owned by the debtor and any other property, the ownership of which is 5,00,000,000 won or more, or any other disposition, etc.”

(No. 1) The above decision on preservative measure was delivered to E on October 4, 2016 (the same day).

E. The F(E’s director) holds a meeting as to “the Defendant’s direct payment of the instant price to the Plaintiff instead of paying to E the amount equivalent to the instant price out of the goods payment obligation to E” between I and D (the Plaintiff’s director) on October 4, 2016.