1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant was a company established for the purpose of operating the D Golf course located in the following cities in the following cities (hereinafter “instant golf course”), and agreed to obtain a loan from the Plaintiff, etc. in order to secure the right to the instant golf course.

B. On April 1, 2015, the Defendant posted an emergency membership guide to Ekbook operated by the Defendant, and the above notice states that “The allocation of real rights is intended to preferentially allocate forfeited stocks on the basis of the degree of contribution to the acquisition of golf courses, the order of payment of loans, the amount of loans, etc., which had been entered prior to the time of blocking entry.”

C. On April 13, 2015, the Defendant borrowed 2.5 billion won per annum from the Plaintiff as interest rate, 5% per annum, 10% per annum, 3 months from the date of lease (hereinafter “instant monetary loan agreement”), and borrowed 400 million won per annum on May 7, 2015, 5% per annum, 10% per annum, and 3 months from the date of lease.

(hereinafter referred to as “the second monetary loan contract of this case.” In the context of the first and second monetary loan contract of this case, “the monetary loan contract of this case” is referred to as each of the monetary loan contracts of this case.

Each monetary loan contract of this case has the following provisions:

Article 1 (Purpose of this Agreement) In accordance with the current articles of incorporation, the Defendant is currently planning to offer second capital increase to make D36 shareholders-based golf clubs. However, in acquiring the F company and G company, the Defendant is raising loans through public notice for the purpose of raising funds for the urgent fund for capital increase. As a result, the Plaintiff entered into a contract with the intent to lend funds for the benefit of the entire members.

Article 3 (Period of Payment and Interest) (1) The date of repayment for the loan under Article 2 shall be within three months from the date of loan, and even before that date, it shall be paid immediately where the defendant completes the secondary capital increase with respect to the shareholders.

(2) Loans.