1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. On December 20, 2007, the Plaintiff (formerly, Co., Ltd.) purchased the pertinent real estate from D, etc. with a view to newly constructing a Gosiwon (hereinafter “Public Notice Board”). On December 20, 207, the Plaintiff borrowed KRW 5,100,000,000 from the National Bank of Korea (hereinafter “National Bank”), Co., Ltd. (hereinafter “National Bank”), with a redemption rate of KRW 21% per annum, and with respect to the instant real estate, the Plaintiff borrowed the instant real estate with a redemption rate of KRW 362.56 square meters per annum and its ground-based building (1st floor, 362.56 square meters, underground 38.50 square meters), B Dong building (211.16 square meters and buildings; hereinafter “instant real estate”). On the same day, the Plaintiff borrowed the instant real estate with a redemption rate of KRW 5,100,000 from the Busan District Court, Busan District Court’s registration Office, as the creditor and the maximum Claim No. 600098

B. On the other hand, on December 3, 2007, the Plaintiff entered into a construction contract with the Defendant to determine the scope and contents of the status, rights, obligations, etc. of the original Defendant regarding the newly constructed construction of the Gosiwon (hereinafter “instant construction contract”). The main contents are as follows.

Article 4 of the Construction Contract Agreement (Scope of Business of Parties)

1. For the implementation of the project, the Plaintiff shall perform the following duties and bear the expenses so as not to hinder the Defendant’s performance of the project in the future.

1) The purpose of this Article is to secure ownership of a project site; 2) overall authorization and permission work such as building permit, approval for sale in lots; 3) performance of responsibility for rental sale and sale in lots (advertising expenses, promotional fees, etc.); 4) payment of civil petitions (e.g., right to sunshine, right to view, and right to view), preservation registration expenses, acquisition tax, and all other taxes and public charges imposed in the name of implementation company (e.g., disposition of sunshine), 8) payment of various charges due to design and supervision (i.e., construction, electricity, fire-fighting, and information and communications supervision) project-related design and supervision (i.e., project implementation) project-related project-related construction sites; 9) removal of obstacles in the project site and burden of interest on the installation