1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the legitimacy of the instant lawsuit

A. On May 8, 2009, the Plaintiff asserted that the Plaintiff joined as a domain member D of the Defendant’s operation, and agreed with the Defendant to receive a return of KRW 150 million upon request from the Defendant at the expiration of five years from the date of membership acquisition. Around that time, the Plaintiff paid KRW 150 million to the Defendant. Around that time, the Plaintiff demanded the Defendant to return to the Defendant on December 17, 2014, which was five years after the date of membership acquisition, and this was reached to the Defendant on December 18, 2014.

Therefore, the defendant is obligated to return the admission fee of KRW 150 million to the plaintiff and pay damages for delay to the plaintiff.

B. The Defendant’s defense right to return the Plaintiff’s membership fee ought to be repaid according to the rehabilitation plan that the Defendant is running, and thus, the instant lawsuit is unlawful.

C. 1) Any property claim against the debtor arising prior to the commencement of rehabilitation procedures constitutes a rehabilitation claim (Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act and Article 118 of the Debtor Rehabilitation and Bankruptcy Act).

A) When a decision is made to authorize a rehabilitation plan, the rights of rehabilitation creditors are altered according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act), and entry in the table of rehabilitation creditors on any right recognized pursuant to the rehabilitation plan on the basis of a rehabilitation claim has the same effect as a final and conclusive judgment on the debtor and rehabilitation creditors (Article 255(1) of the Debtor Rehabilitation Act), and any rehabilitation creditor may enforce compulsory execution on the debtor according to the table of rehabilitation creditors in cases where the rehabilitation procedures are decided (Articles 292(2), 293, and 255(2) of the Debtor Rehabilitation Act), and any claim for the implementation of the rehabilitation claim confirmed pursuant to the table of rehabilitation creditors does not have any interest in the lawsuit between the parties or between the parties, as follows.