1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2005, the Defendant paid KRW 135 million as the membership deposit, and concluded a golf course membership agreement with C Co., Ltd. (hereinafter “C”).

B. Around June 2010, the Defendant filed a lawsuit against Jeju District Court 2010Kahap1681 to seek the return of the security deposit, and the said court had the same effect.

8. 9. C The above decision became final and conclusive around that time by ordering C to provide a total of KRW 135 million to the Defendant.

C. On July 19, 2011, the Plaintiff, who was the representative director C, was appointed as the representative director on March 29, 2008, and resigned on October 29 of the same year) paid KRW 50 million to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Defendant filed a lawsuit against C to seek the return of the security deposit and received a ruling of recommending settlement from the court to pay the amount of the security deposit in installments, the Defendant already requested several times to pay the amount equivalent to the security deposit to the Plaintiff who already resigned from the representative director, and the Plaintiff paid KRW 50 million to the Defendant without choice.

However, since the above membership security deposit is the money that C shall pay to the defendant, there is no reason for the plaintiff to pay the above money, the plaintiff shall seek the return of the above KRW 50 million to the defendant.

B. Considering the aforementioned facts and the circumstances leading up to the instant lawsuit filed by the Plaintiff, such as the relationship between C and the Plaintiff, the progress of the lawsuit between the Defendant and C, and the developments leading up to the Plaintiff’s payment of a part of the amount of the security deposit, the Plaintiff appears to have paid KRW 50 million to the Defendant with the intent to partly repay the amount of the security deposit equivalent to the security deposit to the Defendant that C bears according to the settlement recommendation decision, and the evidence submitted by the Plaintiff alone is alone.