1. The plaintiff's appeal is dismissed.

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

3.This decision shall be rendered at the end of the judgment of the first instance.

1. Basic facts

A. On August 2008, the Plaintiff entered into a membership agreement with the new World Development Co., Ltd. (hereinafter “Nonindicted Company”) on the corporation VIP membership (16 square meters) operated by the Nonparty Company, and around that time, paid 31.5 million won to the Nonparty Company.

B. On May 29, 2009, the non-party company prepared and issued to the Plaintiff a certificate stating that “The amount of the entrance fee shall be repaid until October 18, 2010, and the amount of interest KRW 3,376,68 for one year and six months for the admission fee shall be paid.”

C. After that, on February 2010, the non-party company filed an application for the workout program with the NAC, a principal creditor bank, on the ground that it was unable to comply with the request for the return of membership fees of the LAC members. On March 8, 2010, the Plaintiff entered into an agreement between the non-party company and the non-party company on the refund of membership fees with the content that the membership fees shall be paid in installments for six years from 2010 to 2015.

The non-party company paid KRW 2,105,00 to the Plaintiff on April 2010 after the conclusion of the above agreement, but did not return KRW 28,945,00 until now.

E. Meanwhile, on April 19, 2012, Defendant Company established on March 13, 2012 for the purpose of a comprehensive leisure business, sports business, etc. concluded an entrustment contract with Nonparty Company and Nonghyup Bank Co., Ltd. for the operation of the Enmark (hereinafter “the instant entrustment contract”) on April 19, 2012, and is in charge of the operation, maintenance, repair, etc. of the instant marina facilities until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant Company is obligated to return the unpaid amount to the Plaintiff for the following reasons.

1. The defendant company is established formally with an appearance only in order to evade the obligation to return the membership fee.