1. The appeal by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff Co., Ltd.) and the Defendant Korea Asset Trust.

1. The reasoning for the court's explanation concerning this case is as follows: "this is stipulated in the contract of this case and the business agreement of this case, etc. of this case that "this is the priority of the plaintiff's advance payment (5% of the initial contract amount, Article 7 of the contract of this case) and the loan claims of loan financial institutions" from the 9th of the judgment of the court of first instance. "This is stipulated that 5% of the initial contract amount shall be paid as advance payment to the plaintiff within 7 days after the submission of the commencement date of the contract of this case and the business agreement of this case, etc. of this case (Article 7 of the contract of this case). The trust agreement of this case provides that the construction work amount within 80% of the initial contract amount of the loan amount of the lending financial institution shall be higher than the principal of the loan of the lending financial institution (Article 10 (3) of the terms of the trust agreement of this case)" and the defendant trust company shall add the new judgment made at the court of first instance as stated in the main sentence of Article 20 of the Civil Procedure Act.

2. Determination on the new argument in the trial of the defendant trust company

A. Since the Defendant trust company’s assertion that the Defendant trust company had agreed to terminate the instant trust contract with the Defendant Si and the Plaintiff after the judgment of the first instance court was rendered, and the trust business has been terminated by paying all construction expenses to the Plaintiff within the scope of trust property, if the instant trust contract is terminated or terminated (cancellation) under Article 2(3) of the instant succession contract, all of the obligations succeeded to the Defendant trust company shall be automatically succeeded to the Defendant trust company. In this case, the Defendant trust company shall be exempted from all of its responsibilities as the trustee and the contractor under the trust contract and the succession contract

Defendant Trust Co., Ltd.