1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 7, 2015, regarding E.S. Construction Co., Ltd. (hereinafter “S. Construction”), the bankruptcy was declared on May 7, 2015, and the Plaintiff was appointed as the bankruptcy trustee.

[This Court Decision 2015Hahap20 (2013 Gohap83)] B Co., Ltd. (hereinafter “B”) was decided on January 7, 2015 (Seoul Central District Court Decision 2014 Gohap100212), and the Defendant became the custodian of the debtor B.

(The defendant shall be deemed to be the receiver in accordance with Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act if the receiver is not separately appointed as the representative director B.

In November 209, E.S. and B entered into a joint promotion agreement (hereinafter “instant agreement”) with the Dongyang Construction Industry Co., Ltd. and Geum River Construction Co., Ltd. in order to jointly perform all the affairs required for the designation of subjects of preferential negotiation of E private investment projects and for the designation and negotiation of project executors (hereinafter “instant agreement”). The main contents of the instant agreement include the operating contributions paid by members and the withdrawal and expulsion of members of the instant agreement are as follows.

Article 12 (Withdrawal) (1) No withdrawal shall be permitted even during the middle of membership, and where it is inevitable to withdraw, an application for withdrawal under the name of a representative director shall be submitted to the Steering Committee, and an application for withdrawal under the name of the representative director shall be obtained from the Steering Committee under Article 9

(6) No operating contributions of a withdrawing member company shall be refunded.

Article 13 (Expulsion) (1) In the following cases, a member company may be expelled by a resolution of the Steering Committee:

6. Bankruptcy, dissolution, application for commencement of company reorganization procedure, application for composition or WT-UT application.