1. The Defendant (Counterclaim Plaintiff) paid KRW 1,954,448,778 to the Plaintiff (Counterclaim Defendant) and its related amount from December 2, 201 to August 30, 2013.

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a reconstruction project on the “Audio Housing” on the ground of Gangseo-gu Seoul Metropolitan Government and six lots (hereinafter “instant land”). The Defendant is a company that entered into a contract with the Plaintiff for a construction project to reconstruct apartment houses on the ground and the above land.

B. On September 9, 2006, the Plaintiff entered into a contract for the said reconstruction construction with the effication construction company (hereinafter “effication construction”). On October 13, 2006, the Plaintiff borrowed KRW 3,000,000 from the future mutual savings bank of the company (hereinafter “unfication savings bank”), and used it as purchase cost of the project site for the said construction, union members relocation expenses, association establishment approval expenses, and construction cost for the said construction.

Felim Construction waived the above construction on April 2, 2008. As of February 29, 2008, the progress rate was 13.08%. At that time, the Plaintiff was liable to the future savings bank for the principal and interest of 3,170,000,000 won.

C. On April 28, 2008, the Plaintiff selected the Defendant as a new contractor and entered into a conclusive share contract with the Defendant for construction works, which newly build DNA apartments (hereinafter “instant apartment”) on the ground of the instant land by setting the construction amount of KRW 3,257,376,00 and the construction period of KRW 12 months from the date of commencement.

(hereinafter “instant construction contract”). General conditions and special terms and conditions of the said construction contract are as follows.

[General Conditions of Construction Contract] Article 1 (Status between Parties) (1) "A" and "B" are joint project undertakers who enter into a fair contract in accordance with mutual agreement and comply with related Acts and subordinate statutes, such as the Housing Act, so that the project is completed in a successful manner.

(2) "A" shall represent the whole members of A and the acts of "A" performed in accordance with the terms and conditions of this Agreement shall be acts concerning the rights and obligations of all members.