2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

A. The non-party partnership was established to implement a housing redevelopment project (hereinafter “instant redevelopment project”) in Bupyeong-gu Incheon Metropolitan City I.

B. Around October 2008, the non-party partnership conducted a bid to select a construction project of the instant redevelopment project, and the Plaintiff was selected as a contractor at the special meeting of the non-party partnership following the bid process.

C. On December 30, 2008, the Plaintiff and the Nonparty Cooperative concluded a construction contract with the contract amount of KRW 38,724,023,000 for the instant redevelopment project (hereinafter “instant construction contract”).

At the time, the Defendants and H, who were directors or auditors of the non-party partnership, signed and sealed the construction contract of this case as a joint guarantor of the non-party partnership.

The terms and conditions of the construction contract attached to the instant construction contract are as follows:

Article 3 (Status of Parties and Business Principles) (3) A (excluding a non-party partnership; hereinafter the same shall apply) shall consult with B (the plaintiff; hereinafter the same shall apply) when it is intended to confirm and modify a business plan, project implementation, etc.

Article 4 (Method of Implementation of Projects) (1) A shall provide land necessary for a housing redevelopment improvement project for zone A located in Bupyeong-gu Incheon Metropolitan Government I owned by Gap and its members, and pay construction contract amount to Eul, and Eul shall construct construction facilities on the land provided by the head of the local government in accordance with the design documents and the terms of the contract approved by the head of the local government.

In such cases, the term "land to be provided to B" means land in a state that does not impede the commencement of construction works of B by securing ownership and right to use land under the responsibility of Party A.

(2) A project promotion expenses and moving expenses for members A may be lent to members of A and B, and in such cases, Gap and members of A shall be granted the business promotion expenses borrowed from B pursuant to the provisions of Articles 40 and 41 and the moving expenses.