1. The Plaintiff’s rehabilitation claim against the Hanwon Leisure Co., Ltd. shall commence and commence interest at KRW 3,904,109 prior to commencement of rehabilitation claims.

1. Basic facts

A. On August 12, 201, the Plaintiff (former Asset Management Company: Korea Asset Management Company) entered the remaining consortium club operated by Hanwon Leisure Co., Ltd. (hereinafter “ Hanwon Leisure”) as 950,000,000 won for membership deposit (hereinafter “instant membership deposit”) and five-year regular members for the membership period. After the expiration of the membership period, the Plaintiff agreed to receive the full amount of the principal of the membership deposit if the Plaintiff wishes to do so, and paid the instant membership deposit to Hanwon Leisure on the same day.

B. On July 14, 2016, the Plaintiff requested the refund of the instant security deposit by August 12, 2016, when he/she applied for the withdrawal of a member of the Korea-Ucheon Club in the Korea-Ucheon Leisure.

C. On December 6, 2016, when the instant lawsuit was pending, the Hanwon Leisure was decided to commence rehabilitation proceedings by Seoul Central District Court 2016 Ma100269. The Defendant was appointed as the administrator of Hanwon Leisure Co., Ltd. (hereinafter “ Hanwon Leisure”) and the “ Hanwon Leisure”).

In the above rehabilitation procedure, the Plaintiff reported the instant security deposit return claim and its delayed damages as rehabilitation claims. However, the Defendant denied the portion of the instant security deposit for delay on the ground that there was no interest payment agreement between the Plaintiff and Hanwon Leisure, and thus, the part exceeding the principal amount of the instant security deposit cannot be paid.

On February 8, 2017, the Plaintiff filed a motion to resume the proceedings against the Defendant pursuant to Article 172(1) of the Debtor Rehabilitation and Bankruptcy Act.

E. Meanwhile, Article 6(1) of the Regulations of the South-west consortium provides that “The membership fee shall be deposited in the company for five years as a membership deposit, and the principal shall be refunded within 90 days after a request for withdrawal of a member is made by the member, with the deliberation of the Steering Committee and approval of the board of directors.”