1. The Defendant (Counterclaim Plaintiff) paid KRW 4,170,735,758 to the Plaintiff (Counterclaim Defendant) and either of them:

(a) for KRW 1,924,025,939;

Facts of recognition

The defendant is the redevelopment project partnership established to implement the housing redevelopment improvement project (hereinafter referred to as the "maintenance project of this case") in the Seodaemun-gu Seoul Hong-dong 270 Red-dong 270.

The plaintiff is a construction company that has entered into a construction contract with the defendant.

On July 3, 2010, the Defendant, who entered into a contract for a construction project, selected the Plaintiff as a contractor at the general meeting of partners, and entered into a contract for a construction project with the Plaintiff on September 2010, with respect to the implementation of the instant rearrangement project, including the lending of necessary funds and the construction of apartment, commercial buildings, and new appurtenant and welfare facilities within the instant rearrangement project zone (hereinafter “instant provisional contract”).

From July 23, 2010 to June 12, 2012, the Plaintiff loaned total amount of KRW 9,356,813,032 of the various project costs necessary for the promotion of the instant rearrangement project, including the partnership operation expenses, to the Defendant under the instant provisional contract, including the details of loans and the calculation table of interest. Of them, the Plaintiff agreed to the interest rate of KRW 3,196,325,890 per annum and the delay interest rate of KRW 17% per annum.

(2) The Plaintiff and the Defendant decided to repay the principal and interest of the instant loan to the Plaintiff in accordance with the terms and conditions of the instant provisional contract where the instant provisional contract is rescinded, depending on the existence of interest agreement.

On February 7, 2012, the Defendant notified the Plaintiff of the change in the status of the construction works that occurred due to the failure to complete the contract by March 5, 2012, upon urging the Plaintiff to re-elect the construction works and the rescission of the instant provisional contract. On May 7, 2012, the Defendant notified the Plaintiff that the Plaintiff would be expected to terminate the status of the construction works, including the instant provisional contract.

On May 14, 2012, the Plaintiff is promoting this contract by the Defendant.