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

Purport of claim and appeal

The first instance court.

A. Seoul Special Metropolitan City, Gwanak-gu and 27 lots of land owners were co-implementers (hereinafter referred to as "co-implementers") and were established with the Association, and the construction project of E-building on the above ground (hereinafter referred to as "the apartment of this case"). The Plaintiff is one of co-implementers, and the Defendant is a contractor who entered into a construction contract with D Association and co-implementers on April 30, 2008, setting the construction cost as KRW 12.7 billion for the said new construction project with the above co-implementers (the construction cost is changed to KRW 13,836,979,500).

B. On May 30, 2008, the co-implementers, including the Defendant and the Plaintiff, jointly and severally guaranteed the obligation of the above loans in receiving the PF loans from the Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Dong Branch Mutual Savings Bank, and Mou Mutual Savings Bank, Inc. within the scope of 10 billion won with respect to the construction of the instant apartment.

C. Since then, on June 30, 2010, DF loans were loaned KRW 1.236 billion each under the pretext of general capital loan to Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Inc., and Boan Mutual Savings Bank, Inc., and joint implementers, including the Defendant and the Plaintiff, jointly and severally guaranteed the above loan obligations. D Association and joint implementers jointly issued promissory notes amounting to KRW 3.5 billion at face value to the said bank and jointly issued promissory notes to the said bank (hereinafter “certificate of promissory notes in this case”).

The defendant on September 30, 2010.

2,561,68,445 won in total as stated in the subsection shall be subrogated for the principal and interest of the loan, and the claim of the Promissory Notes shall be transferred from the above banks, and the procedures for giving notice of assignment shall be completed.

E. On November 10, 201, the Defendant filed a lawsuit against the above union and joint implementers (Seoul Central District Court 2010 Gohap86780), and filed a claim for the construction cost against the said union and joint implementers (Seoul Central District Court 2010 Gohap86780), and jointly and severally the two thousand,126,54,000 won and damages for delay.