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. On May 7, 2015, regarding E.S. Construction Co., Ltd. (hereinafter “S. Construction”), the bankruptcy was declared on May 7, 2015, and the Plaintiff was appointed as the bankruptcy trustee.

[2] With respect to B Co., Ltd. (hereinafter “B”), the Seoul Central District Court rendered a decision on the commencement of rehabilitation procedures on January 7, 2015 (Seoul Central District Court 2014 Gohap100212) and the decision on the completion of rehabilitation procedures on October 27, 2016, and finally taken over D’s custodian of B Co., Ltd. (hereinafter “C”).

B. E. E.S. Construction and B entered into a joint promotion agreement (hereinafter “instant agreement”) in November 2009 with the Dongyang Construction Industry Co., Ltd. and Geum River Construction Co., Ltd. in order to jointly carry out all the affairs required for the designation of eligible bidders and for the designation and negotiation of project executors (hereinafter “instant agreement”). The main contents of the instant agreement are as follows: (a) the operating contributions paid by members and the withdrawal and expulsion of members of the instant agreement.

Article 12 (Withdrawal) (1) No withdrawal shall be permitted even during the middle of membership, and where it is inevitable to withdraw, an application for withdrawal under the name of a representative director shall be submitted to the Steering Committee, and an application for withdrawal under the name of the representative director shall be obtained with the approval of the Steering Committee under

(6) No operating contributions of a withdrawing member company shall be refunded.

Article 13 (Expulsion) (1) In the following cases, a member company may be expelled by a resolution of the Steering Committee:

6. Bankruptcy, dissolution, application for commencement of company reorganization procedure, application for composition or WT-UT application.

Article 14 (Payment and Adjustment of Operating Contributions) (1) The representative company shall pay the operating contributions.