1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

Defendant A.

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) the reasoning for the judgment of the court of first instance is that “Defendant C” is “Co-Defendant C of the first instance trial”; (b) the third 11’s “liability arising from the nonperformance of a construction contract” is “liability arising from a construction contract”; (c) each “this court” of the 5th 15, 17, and 6, and 7th 13’s “Seoul Central District Court”; and (d) the 7th 6, and 7th 7’s “approval for use” is “Seoul Central District Court. The reconstruction association is currently in a state of absence”; and (d) the reasoning for the judgment of the court of first instance is identical to that of the 2nd 11 to 7th 10’s 7th 10 of the grounds for the judgment. Thus,

2. Determination on this safety defense

A. The plaintiff of the defendant's defense in subrogation of the reconstruction association through the lawsuit of this case is acting in subrogation of the plaintiff's right to claim compensation for damages against the defendants.

In this regard, the defendant asserts that the lawsuit of this case is unlawful since the plaintiff did not have any preserved claim against the reconstruction association or the reconstruction association did not become insolvent.

B. (1) According to the existence of a preserved claim, the reconstruction association, as of June 3, 2009, paid out of the borrowed amount as of June 3, 2009 (hereinafter “the borrowed amount of this case”) to the Plaintiff and bears the remainder of KRW 5,178,743,182 ( KRW 13,722,086,00 - 8,543,342,818).

(2) As to this, the Defendants asserted that the reconstruction association did not bear the debt of the loan of this case against the Plaintiff, since the construction contract was concluded by the method of final equity shares between the Plaintiff and the reconstruction association.

In other words, the funds that the plaintiff lends to the reconstruction association shall be settled within the business expenses, and the profits accrued from the construction work shall be reverted to the plaintiff without any additional charges except in the case of design change, and the above borrowed funds shall be assessed against the plaintiff when there is no profits.