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

Purport of claim and appeal

1...

A. On October 13, 2010, the Plaintiff entered into a contract with the Defendant for a contract of KRW 23.65 billion (hereinafter “instant construction contract”) with the Ilcheon-si D Corporation (hereinafter “instant construction contract”) and entered into a special agreement with the Defendant regarding the payment of the construction cost as follows (hereinafter “instant special agreement”).

Article 4(1) of the Construction Contract Amount and Payment Terms and Conditions 1) “A” shall be paid to “B (Plaintiff)” a sum of KRW 23.65 billion in the price for the Construction Work (the amount shall be the amount including value-added tax and shall be the amount calculated by calculating the amount of KRW 5,000 in the pre-sale area as KRW 4,30,00 in the normal group): Provided, That “A” may substitute for the payment of the construction price in the way of transferring the ownership of part of the pre-sale area to “B” as prescribed in Article 7(2) of the Act.

2) “A” shall settle the construction cost in accordance with the method prescribed in Article 7. 4) “B” shall, in principle, commence the sale business from the 30% progress after the completion of the construction project.

5) The construction price for the instant construction project shall be determined upon confirmation by the supervisor on the construction progress ratio up to 30%, and it shall be paid after evaluation by the supervisor on the construction progress ratio (see, e.g., the “B”’s expense burden up to 10% of the construction performance ratio, and settlement payment after the settlement: the settlement payment after the completion rate). (ii) If the “B” completes sale in accordance with the separate schedule under Appendix 1, the amount listed in Appendix 1 shall be paid according to the sale performance ratio (where the “B” fails to complete sale in accordance with the sale schedule, regardless of the construction performance ratio, the “B” does not have a claim for the payment of the construction price.

(4) The additional construction cost for the land created by design modification in addition to Article 5(1)(6)(3)(3)(1)(3)(1)(3)(1)(1)(2)(2)(2)(2)(2)(2)(2