1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The status of the parties, ① B Co., Ltd. (hereinafter “B”) is the executor of the business (hereinafter “instant business”) of constructing and selling one unit of the main complex building (hereinafter “D”) on the land outside Jongno-gu Seoul and 61 lots (hereinafter “instant building”); ② The Hanjin Heavy Industries Co., Ltd. (hereinafter “Kjin Heavy Industries”) is the starting business of the instant business; ③ the Plaintiff loaned the instant business funds to the buyer B; and ④ the Defendant concluded a sales contract with B as to part of the instant building.

B. On August 12, 2002, Jin Heavy Industries, Ninsan Real Estate Trust Co., Ltd. (hereinafter “Life Trust”), and the Plaintiff entered into a development project agreement (hereinafter “instant development project agreement”) with the content that “the Hanjin Heavy Industries on the project site secured by the Plaintiff with the funds borrowed by the Plaintiff shall newly construct and sell the instant building,” and some of the terms of the development project agreement are as follows:

(2) Roles and duties of A

1. To secure ownership of the entire project site referred to in Article 3, and to order the possessor who is likely to cause any trouble to this project;

4. Registration of security trust for the whole project site to Byung; 11. Responsibility for bearing interest by the time the intermediate payment to the buyer is promoted and the transfer of ownership is transferred: Provided, That Byung and Byung shall actively cooperate in preserving claims by the intermediate payment financial institution;

12. Obligations to repay the principal and interest of loans to such loans.

2. Completion of a liability for a building within the specified construction period under the construction contract agreement;

4. The number of buyers; and