1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the money which orders the payment below.

1. Basic facts

A. The first sale contract and charter contract of this case and the first sale price under Article 1: 465,00,000 won (excluding value-added tax) in the auction procedure

(a) 100 million won of down payment (payment per contract day); and

(b) Any balance of KRW 365,00,000 (payment, August 5, 2007): In the case of a violation by a seller, the seller shall compensate for the amount double the down payment, and in the case of a violation by the buyer, the down payment shall be null and void.

Article 11. The charter of the instant vessel shall be the down payment of 100 million won in charterage.

On April 6, 2006, the Plaintiff entered into a sales contract with Defendant B on the following terms with regard to the instant vessel listed in the separate sheet owned by the said Defendant (hereinafter “instant vessel”). In order to allow the instant vessel to use the instant vessel simultaneously with the said sales contract, the Plaintiff entered into a charter contract with the period of charter up to KRW 100 million, and the period of charter up to August 5, 2007, which is both the payment date of the remainder of the sales contract and the transfer date of ownership transfer.

The plaintiff paid KRW 100 million to the defendant B on the day of the contract.

However, around June 2006, the provisional attachment registration for the instant vessel was completed with respect to the instant vessel by Ydo-gun Fisheries Cooperatives (total amount of KRW 71,345,427) and the National Agricultural Cooperative Federation (the amount of KRW 57,023,697), which is the creditor of Defendant B. Meanwhile, on May 4, 2006, the Defendant B completed the establishment registration for each of the instant vessels of KRW 4 and 5,000 in the name of the Credit Guarantee Fund (the maximum amount of claims KRW 237,00,000) and July 3, 2006.

In the event that the Plaintiff had not been transferred the ownership of the instant vessel due to such provisional seizure, the Bank of Korea, a mortgagee, filed an application for voluntary auction against the instant vessel. The Gwangju District Court rendered a decision to commence the auction of the instant vessel on January 11, 2008.

(D) Defendant B is the vessel of this case in the above voluntary auction procedure.