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

A. (1) The Plaintiff’s status, etc. (1) The Plaintiff is the Housing Reconstruction Association consisting of the owners of the housing and commercial buildings located in Seo-gu Busan, Seo-gu, Busan, and the Defendant is the Plaintiff as the Plaintiff under Article 420.

(2) On August 2, 2005, the instant association entered into a contract with Hyundai A&C Construction Co., Ltd. (hereinafter “N&C Construction”) and the instant association with respect to the said reconstruction project by investing the instant land in kind and to pay the apartment and commercial building in substitutes.

B. (1) The instant association filed a lawsuit seeking the payment of liquidated damages on March 11, 2008 after cancelling the pertinent contract, upon the completion of the construction work on January 2, 2008 by Hyundai A&C C&C construction on the grounds of its bankruptcy on January 2, 2008. < Amended by Act No. 11015, Jan. 13, 2011>

On the other hand, Hyundai A&C Construction asserted that the instant association has claims such as expenses for reconstruction projects and loans, etc., and filed a counterclaim (2012Gahap5431) seeking the return of the balance, at the same time, by making it an automatic claim set-off.

(2) On August 21, 2013, the first instance court acknowledged the claim for the delayed payment of the present union at KRW 9,232,00,000,00. On the other hand, the claim for the present union of Hyundai A&C Construction at KRW 2,603,346,530, including the moving allowance loan at KRW 12,775,924,359, including KRW 61,60,000 (other additional moving expenses at KRW 61,60,00,00). The claim for the present union of Hyundai A&C construction at KRW 6,249,60,02,348,00,000, on the ground that Hyundai C&C Construction collected KRW 6,526,322,01 (12,75,924,924,359,629,94,000,000,00,000).